What are the consequences of an individual accepting an offer of employment but then taking a different job?

A candidate accepted a job offer from our company. He signed and accepted a conditional offer letter and was due to start work next week. It has transpired that the candidate has been offered another job which he has accepted.

Posted in : First Tuesday Q&A NI on 3 June 2014
Emma-Jane Flannery
Arthur Cox

Once any conditions to which the offer was made subject have been satisfied and the employee has accepted the offer, a contract of employment will be in existence.

Once confirmed that a contract of employment has been formed, any subsequent attempt to withdraw from it would require the employee to give the minimum notice to terminate the contract, or be in breach of contract.

The prospective employer may have a claim against the individual concerned, however be aware that any potential losses may be difficult to quantify.

In any claim of this type the employer would have to show what damages

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Back to Q&A's This article is correct at 02/09/2015
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Emma-Jane Flannery
Arthur Cox

The main content of this article was provided by Emma-Jane Flannery. Contact telephone number is 028 9023 0007 or email Emma-Jane.Flannery@arthurcox.com

View all articles by Emma-Jane Flannery