Job offer advice please

[muvva]

Hi all, I’m after some advice.
I was offered a job 4 weeks ago, over the phone, following an interview with a large & reputable organisation.
I handed my notice in the following day to avoid delay. I’d discovered I didn’t have a contract in my current post, an oversight by both me and my employer. I happily offered 6 weeks notice period and my last day is 1st Nov.
Despite emails and phone calls, I still haven’t received the offer formally, or a contract, from the new employer. They’re being totally shit.
I can’t afford a break in employment, what the fuck do I do? Retract my notice? Negotiate a longer notice period? My current employer had offered me a promotion and salary uplift, a role which has now gone out to advert.
I’m fucked aren’t I?

 

[ruffneck23]

Hmm tricky, I'd retract your notice until you have a contract, if your place of work is ok with that.

Personally I'd never hand my notice in until everything is signed and sealed, if the new place wants you they will wait.

 

[maomao]

I've been told by my last two employers, at the time of my job offer, that a job offer made over the phone is 'legally binding' (it's normal in my sector to have a job offer on the day of the interview and to put your notice in pretty quickly, but start dates are also obvious). I'm not sure what this means in practice but they can't just dump you and you would have some legal comeback. Whether that would be easy to bring about I'm not sure. How badly do you want the job?

 

[maomao]

You could take them to court for breach of contract:

Job offers: your rights

Rights of employees when accepting conditional and unconditional job offers and about breach of contract

www.gov.uk

You don't have to have written proof though any associated emails or records could be useful. The fact you put your notice in is pretty good evidence that they gave you an offer that you took seriously. The problem is suing them is unlikely to end up with you in the new job.

 

[Looby]

I’ve always been told not to hand notice until all the checks are complete. Would your workplace be open to letting you stay on?

 

[ElizabethofYork]

What response have you had to your phone calls and emails to the new employer?

 

[baldrick]

Never hand in your notice until you have an offer in writing. They can still retract it but it's less likely.

If it's a large reputable company I would ring them every day and make a nuisance of myself tbh. That's if you still want the job. If you feel like this is a harbinger of how they treat employees I would tell your current employer that you have changed your mind about the new job and can you have the position they offered instead? Don't tell them you've been ghosted.

Recruitment is a pita and employers would often rather have a known quantity. Out of interest, what was it that made you want to leave? Would it still be an issue in the new position?

 

[muvva]

Thanks for the replies. I’ve sent another email tonight to hr and the person who offered the job. They did say there’s a complication with the wording on my contract, when I last spoke with them by phone (it’s a new post).
I’m going to explore if there’s any option to extend my notice period in the morning. I’m leaving on good terms, so it could be an option but it feels really unsettling for my team and those I work with.
I had an inkling I was being too hasty when I gave my notice…

 

[Monkeygrinder's Organ]

If the old place was willing to offer you a pay rise to stay I'd expect they'll still want to keep you. Ask for more!

 

[Puddy_Tat]

subject to the disclaimer that i'm not a lawyer or HR person, i'd agree with much of the above.

arguably a verbal offer forms a contract, but was it a formal and final offer, or was it 'subject to references and so on'? and would you be able to prove it either way?

the bigger the organisation, the more long winded the process tends to be. i've had written offers that are provisional, saying subject to references etc, and then a final offer and start date are the next stage.

i wouldn't give notice without having an unconditional offer and a start date, to be honest.

no harm in asking current employer to extend your notice period - or ask to withdraw your notice then give notice again when you have a firm start date - but don't think they are under any obligation to accept either, and they might not want you to stay on temporary basis if nobody knows how long it will be for. have they advertised your current job yet? would you be happy to stay if new job doesn't happen?

 

[muvva]

I wanted the new job as it sounded exciting and had potential for promotion. What they offered was different to the post I’d applied for, slightly below in terms advertised salary, however when they phoned to offer the job they agreed to match my current salary, even though it’s significantly more.
Part of me thinks fuck it, I’ll ask to retract my notice and ask for the promotion with current employer, it’s only just gone out to advert. Just to really complicate things, a colleague has also just given notice, which may strengthen a request to withdraw my notice.
It’s so stressful.

 

[Puddy_Tat]

blargh.

obviously, i know next to nothing about you, what line of work you're in, or how your current organisation / managers behave.

but they may be reluctant to pull the recruitment exercise for the promotion if they have gone out to advert with it. they might be willing to let you apply as an internal candidate if you stay put.

again, it's probably not going to do you any harm to ask but what are you going to do if the answer is yes to you staying but you don't get the promotion?

 

[muvva]

I can’t think that far ahead right now Puddy_Tat !

 

[Puddy_Tat]

I can’t think that far ahead right now Puddy_Tat !

 

[rubbershoes]

subject to the disclaimer that i'm not a lawyer or HR person, i'd agree with much of the above.

arguably a verbal offer forms a contract, but was it a formal and final offer, or was it 'subject to references and so on'? and would you be able to prove it either way?

the bigger the organisation, the more long winded the process tends to be. i've had written offers that are provisional, saying subject to references etc, and then a final offer and start date are the next stage.

i wouldn't give notice without having an unconditional offer and a start date, to be honest.

no harm in asking current employer to extend your notice period - or ask to withdraw your notice then give notice again when you have a firm start date - but don't think they are under any obligation to accept either, and they might not want you to stay on temporary basis if nobody knows how long it will be for. have they advertised your current job yet? would you be happy to stay if new job doesn't happen?

I don't think there is a binding contract for a new job. You need three elements for a contract - offer, acceptance and consideration. Consideration is basically giving something - money, services whatever, and it doesn't sound like there has been any consideration here.

But that doesn't mean the situation is fucked. Reputable companies generally don't go around offering jobs when they don't mean it. The lack of contact may well be caused by someone being on holiday, it some administrative balls up. But still worrying of course.

 

[Puddy_Tat]

I don't think there is a binding contract for a new job. You need three elements for a contract - offer, acceptance and consideration. Consideration is basically giving something - money, services whatever, and it doesn't sound like there has been any consideration here.

dunno. the government link that maomao posted above says that you can sue for breach of contract if an either side pulls out after agreement has been made. from a non lawyer perspective, i'd have thought that 'consideration' includes the agreement to pay something, then you can sue if it doesn't happen.

not sure just what damages you'd get though. technically you're only entitled to a week's notice in the first x time in a job, so maybe a week's wages at most?

But that doesn't mean the situation is fucked. Reputable companies generally don't go around offering jobs when they don't mean it. The lack of contact may well be caused by someone being on holiday, it some administrative balls up. But still worrying of course.

yes. from past experience, the whole process almost always takes longer than they say it will.

 

[Sue]

dunno. the government link that maomao posted above says that you can sue for breach of contract if an either side pulls out after agreement has been made. from a non lawyer perspective, i'd have thought that 'consideration' includes the agreement to pay something, then you can sue if it doesn't happen.

not sure just what damages you'd get though. technically you're only entitled to a week's notice in the first x time in a job, so maybe a week's wages at most?



yes. from past experience, the whole process almost always takes longer than they say it will.

Yeah but who in a normal job would sue in these circumstances? No-one ever.

 

[muvva]

Little update- I spoke to the big boss today who said I can retract my resignation and stay, or extend my notice period. It’s really good of them and I’m less stressed as a result.
HR for the new job apologised again and said they’re dealing with it and I need to wait.
Now I’m really torn as to what to do!

 

[MickiQ]

Another vote for stay if you're happy there, your current employer obviously values you and is prepared to forgive a minor foopah. You have no way of knowing if the new place will take the same attitude and clearly their internal processes are not as slick as they should be. This does not auger well especially with large organisations.