Employment Contracts

[sk1105]

If anyone's clued up on their employment laws, here's one for you...

Say Joe Bloggs received a job offer and the contract was sent out to him to sign. If Joe signs the contract, is he legally obliged to commence employment at the specified start date - or, can he still reject the position before it has begun (having signed the contract)?

I'll pass Mr. Bloggs your responses.

Thanks

 

[scose-no-doubt]

From a contract law perspective, the contract represents expressed terms for both parties (i.e. salary for him, duties expected to be performed for employer etc) and nothing more at the moment.
Only when both parties have signing the contract is there a legally enforceable binding agreement in place tying the parties to the terms expressed. In short, until your guy signs, the offer of employment has not been accepted and he doesn't owe anyone sh1t.

 

[sk1105]

The job doesn't start for a couple of months but they want Joe to sign now. You're saying that if he does so, he can't change his mind say a month down the line (still with another month to go before the start date)?

 

[Jack o'Clubs]

Last time I consulted an employment lawyer it cost £300/hr+VAT, so you're probably not going to get a definitive view here... If there's a long gap between signing and starting are you sure the contract doesn't have a clause covering this period - it would be unusual not to given that they might want to give you the heave-ho before the start date too. Otherwise, if you've both signed, then I think you'll be bound by whatever the standard notice conditions are. If you're wanting to accept another job, they might be arsey and get you to stick to your notice period, otherwise I'd have thought they'll just let it go.

 

[Barramundi]

The job doesn't start for a couple of months but they want Joe to sign now. You're saying that if he does so, he can't change his mind say a month down the line (still with another month to go before the start date)?

Would have thought he could just resign before he started. If he hadn't started working there, he wouldn't have to give much notice...at least that's how my last job contract worked.

Or he could just tell them he's changed his mind/got a better offer, and what are they going to do? I've had plenty of staff resign in the first few days of employment over the years.

 

[scose-no-doubt]

As I stated earlier this is not employment law as he is yet to be employed. This is contract law and so the rules of offer and acceptance are what he needs to watch out for.
If he signs, he accepts the offer of employment and only then would employment begin and only then would employment law come into play.
On signing he will be bound to all terms expressed in the contract which considering they will have paid top top dollar for an any situation, watertight contract, will likely include non-statutory minimum notice requirement and more importantly, the promise to start working at specified date.

 

[scose-no-doubt]

As barramundi says, is it likely that the employer would even take any action if he p1ssed off in the first few day? He's not going for CEO or anything is he lol

 

[Jack o'Clubs]

As I stated earlier this is not employment law as he is yet to be employed. This is contract law and so the rules of offer and acceptance are what he needs to watch out for.
If he signs, he accepts the offer of employment and only then would employment begin and only then would employment law come into play.
On signing he will be bound to all terms expressed in the contract which considering they will have paid top top dollar for an any situation, watertight contract, will likely include non-statutory minimum notice requirement and more importantly, the promise to start working at specified date.

sorry, I read it as both parties had already signed the contract and so were under the employment law gun.

 

[scose-no-doubt]

no, love. Only themses have signing that contracts.

 

[tjackson12]

The terms of your employment contract could be of several types. You should be aware of what the terms of your employment contract are, so that you understand some of your employment rights. If once you signed the contract then you will bound with all terms and conditions.