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
Arthur Cox
Arthur Cox
Issues covered:

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 it has suffered (generally the damages would relate to the employee not starting the role and

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

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.

Arthur Cox
Arthur Cox

The main content of this article was provided by Arthur Cox. Contact telephone number is +44 28 9026 2673 or email rosemary.lundy@arthurcox.com

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