# Have signed contract to start job but have got better offer for another job



## newseeker1

Hi
Have been interviewing for jobs and I have got an offer for a permanent position recently and signed contract and have agreed start date for a few weeks time

Another company I interviewed a while back contacted me to day and offered me a permanent role with them.  Their role is better deal and package that the other one. Its more related to my experience and  im more interested in this role that the other one and would like to take this one

Whats the legal position wrt to this; given that I have signed contract and agreed start date with 1st company for their role but haven't started with them yet

Can I contact them and tell them that I've changed mind or am I legally obliged go work for them ?

Thanks


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## gianni

Legally, I would imagine, they can hold you to the contract.
Practically I can't see why they would.


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## Leo

gianni said:


> Legally, I would imagine, they can hold you to the contract.



All the OP would have to do is give immediate notice. As you say, no employer is going to pursue this. It's not in their interest to spend a lot of money on legal bills to force someone to work there, who can then just hand in notice and leave in a couple of weeks anyway.

Just make sure you don't want to work there in future. They may not be best pleased, but they'll understand. Do it quickly so that they can continue the recruitment process where they left off.


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## amgd28

As an employer, this has happened once or twice in my company. At the end of the day, while it is a pain, there is no hard feelings. If you inform them straight away I would think they will understand and the fact that the start date is some weeks away means they may still get their second choice in within a reasonable period of the start date.

You have to do what's best for your long term future and any reasonable employer will accept this (perhaps through gritted teeth, but accept it nonetheless  )


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## JoeRoberts

You signed a contract and will breach it.

In theory the employer could go to court.
The possible remedies for the employer if they went to court are
1) Specific performance 
2) Damages
3) An injunction 

What will the court do

1) They certainly won't force anyone to take up an employment they don't want
2) The company may get damages for loss suffered such as recruitment fee or loss income/extra costs incurred for delay in filling the post. V difficult to quantify this and if you let them know in time the recruitment company fee would normally not be payable anyway if you did not start.
3) This would be to prevent you joining a competitor

So, employer will not bother going to court and even if he does, the likely remedy would be #2. The same applies to the standard one month notice in a contract. Not really worth the paper it's written on for keeping employee there. You can break it if you want.

So you have nothing to worry about from a legal viewpoint ( there will not be court action) but you have annoyed an employer and upset a recruitment agency, but so be it. Word may get around though especially if same industry.
Happens very regularly.


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## Bronte

amgd28 said:


> As an employer, this has happened once or twice in my company. At the end of the day, while it is a pain, there is no hard feelings. If you inform them straight away I would think they will understand and the fact that the start date is some weeks away means they may still get their second choice in within a reasonable period of the start date.


 
Same thing has happened in my husband's company.  Exactly as you've described.


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## candyman

in a similar vein...

2 job offers there recently, took job number 2 and am 2 weeks into it and am not loving it at all, don't get a good vibe off it (place, environment, team) and gut feel is telling me this will not work for me. Recently rang job 
number 1 place and the role I was offered is still open, so I have asked to be considered again for this role. if I am able, i will accept and move to job number one place.

am I mad to ditch the 1st job this early and will I burn bridges doing this?

keen to hear your opinions...


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## WindUp

Not at all 

follow your gut


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## Leo

Agreed, sorting this sooner than later will be better for all parties.


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## candyman

thanks folks, ball of nerves over this! agreed sooner to resolve it the better.


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## Purple

windup said:


> not at all
> 
> follow your gut



+1.


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