The risks of pulling out of a new role after you have accepted it

Is there a binding legal agreement?

Once an employer has made you an offer of employment (usually with by offer letter) and you have accepted that offer in writing there will usually be a binding legal agreement even where the job is yet to start, you have done no work and you have received no salary.

Notice?

If you want to pull out of the employment after you have accepted it, contractual notice will usually be required.  If you give that contractual notice and it runs out before your new employment is due to start there will be no breach of contract by you and nothing will be payable.

What happens when you give notice but it will expire after the start date?

If notice is still running and you refuse to work from the start date you will be in breach of contract.  The employer could sue you for breach of contract for any loss it suffers as a result of your breach – from the start date to when your notice expires.  There may be no easily quantifiable loss for the employer to sue you for.  But please note that the more senior or specialist you are and the longer the period of notice still to run after the start date when you give notice, the more likely that there could be substantial quantifiable loss which the employer may want to try and recover from you.

 


This article/blog is for reference purposes only. It does not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking or deciding not to take any action.

Ella Hall
16/02/2024
David is a fantastic Employment Lawyer. If you need someone in your team who is completely onside, professional and supportive I don't think you can do better. He really knows his stuff and is laser focused on getting the best outcome for his client. David's a seasoned professional as demonstrated by his ability to respond quickly, pick up essential detail and develop a no nonsense response. I would have no hesitation in recommending David as an Employment Lawyer. ·
lloyd ridgwell
15/01/2024
Clear, considered, expert employment law advice from David Greenhalgh. Wont go anywhere else.
Noella Lee
27/12/2023
David has been truly outstanding, dealing exceptionally swiftly with my case. David provided me with detailed advice and assisted me to receive a very satisfactory conclusion. I cannot thank him enough.
Adrian Challinor
13/12/2023
I have known David for a number of years and have taken his advise and assistance on a number of occasions. David is a unique person. He very quickly understands the employment issues andaddresses them in a very friendly manner. His approach to me was to help me understand the employment issues and legal aspects in a manner that I could understand. He talks in English, and leaves the hybrid legal/HR jargon behind. His insights are clear and concise. Always to the point and helpful. His advise practical and useful. He was extremely quick to respond to my initial outreach and very accomodating about the time when we met to discuss the issues. He took a strategic view on my employment issues, focusing more on the long term aspects rather than short term issues. He is, and will continue to be, the person I reach out to for all employment issues. I have recommended his services to a number of my friends and colleagues. I would not hesitate to do this in future.
Claire Benson
08/12/2023
David provided excellent advice and reassurance throughout the process. I would not hesitate to recommend David's services to others.
Stephen Dove
07/12/2023
David was very efficient, clear & concise at all times and provided good advice, along with regular updates and follow ups. Thoroughly recommended.
Alex C
07/12/2023
Great service! David really knows his stuff and works hard to get a good result for his clients
Arijana D
07/12/2023
Very practical, honest and reliable. Very grateful to David
Brian Vint
07/12/2023
have recommended David’s services to others
Julie Humphreys
07/12/2023
David provided clarity during a particularly difficult time. He was very responsive and brought the matter to a swift conclusion.