andreamoro

Hello there,

I was reading an article at
http://www.justanswer.com/uk-employm...y-binding.html

Provided a verbal agreement is binding as well as the written one, I wonder how can a verbal agreement be proved if needed by one of the party. After all the latin said "verba volant, scripta manent" it's always true.
I do appreciate the fact that this is in end just mutual respect, trust and loyalty ... but we are all human being pursuing our own interests after all.

Having said this, my question is: what could happen if an employee changes his mind prior starting the job?
More often than not when people look for a job, they took part to more than a job interview at a time.

Let's say that employee verbally or written accepts offer A as this has arrived first, but suddenly company B pop in with a better offer after 3 days / 1 week.

According to the gov.uk site, an employer can both
- make an employee working out any contractual element of their notice
- sue them for breach of contract

Is there any way for the employer to get out possible problems?

Thanks
Andrea

stevepud

I've worked at places where people have been offered jobs and dont take them and never been any comebacks on it.
People also take the job, start work a day and then leave, again no comeback.

Which are you, the employer or 'new' employee?

In my opinion whilst an employer MAY be able to sue for breach of a verbal contract, they would need to do a few things...
1. Make sure it was witnessed else it's one word against another.
2. Consider the goodwill damage a case may cause - is it worth it?
3. Are any of the shortlisted candidates still available - this is after all one reason for a shortlist. you almost always get wastage in the interview process.


I always try to remember one thing....
Dont crap on people on the way up, you never know when you'll need them on the way down.

andreamoro

Totally agree Steve,
I was just asking because I read the post and because I'm doing a research for a friend of mine that want to relocate.

So I was aimed to provide him with as many accurate details as possible.

stevepud

So has your friend been offered a role that he now no longer wants?
If so, I'd just contact them and explain that something else has been offered that will allow him to follow his chosen path. I'm sure they'll be fine.

johnh009

I work in the contract engineering field and this sort of thing happens all of the time. The reality is, no employer wants an employee on site who does not want to be there. Speak to them and tell them your situation. They may not like it but often it is a fine line between being ethical and doing what is best for yourself. Remember, sometimes the boot is on the other foot. If they don't like you, they will more than likely have no trouble showing you the door very quickly.