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.
Common Questions Answered
Why do I need a lawyer to review my settlement agreement?
UK law requires independent legal advice to be taken before a settlement agreement can become legally binding. Without it, the agreement is unenforceable. An experienced employment lawyer will ensure you understand every clause and that your interests are fully protected.
How much does it cost to get a settlement agreement reviewed?
Your employer will usually pay for you to get independent legal advice on the terms and effect of your agreement. This is standard practice and is typically written into the agreement itself as a contribution towards your legal costs.
Can my settlement agreement be improved?
Often, yes. David regularly negotiates for increases in value, better exit terms and stronger protections for his settlement agreement clients. Even where an employer presents a figure as “final”, there is frequently room to negotiate.
How long does the process take?
With David, many clients get to sign-off in a matter of days if all they need is advice and sign-off. On urgent agreements David provides a same-day service, so a tight deadline is never a barrier to getting the right advice.
