I want to leave right now .....

[sureyouwill]

There seems to be quite a few clued in posters on here, for those a scenario.

Bit miffed at work, got a new job - hey it's a free economy. offered more mula to stay, thank you but I'm off!  Signed contract for said new employer posted off said contract, offered various new terms and conditions, thank you but eh I said I'm off. Two weeks later new terms and conditions offered, eh I have accepted new employment, signed contract etc, got start date, "Don't worry, it isn't a slave market, no one can force you to work anywhere, just say you changed your mind, happens all the time"

Irrespective if I am to stay or go, surely signing a contract of employment is legally binding for someone to start a job; surely a contract of employment has the same ramifications as any other contract, has it not?

[stephenite]

There seems to be quite a few clued in posters on here, for those a scenario.

Bit miffed at work, got a new job - hey it's a free economy. offered more mula to stay, thank you but I'm off!  Signed contract for said new employer posted off said contract, offered various new terms and conditions, thank you but eh I said I'm off. Two weeks later new terms and conditions offered, eh I have accepted new employment, signed contract etc, got start date, "Don't worry, it isn't a slave market, no one can force you to work anywhere, just say you changed your mind, happens all the time"

Irrespective if I am to stay or go, surely signing a contract of employment is legally binding for someone to start a job; surely a contract of employment has the same ramifications as any other contract, has it not?

Probably not as clued in as some others on here, and certainly not a legal expert but have some experience with this.

In theory I think you are correct to say that the contract is legaly binding, however I have had, and come across several instances where these contracts have been breached. I was in a similair situation, and the exisiting job offered me something I couldn't refuse. I went back to the other crowd and explained to them honestly that I was made an offer I couldn't refuse, they said fair enough and good luck.

I don't think it would be worth the hassle to most companies to try and sue in these sorts of situations ( unless you're a CEO of huge multi-billion dollar firm ) and most companies don't want to force people to honour a contract that would make them unhappy in the long run. The cost of going through the courts, whilst they keep that position open and the length of time it would take such for a case to be heard just make it an unviable option for any business.

I'm sure some others have similair experiences and maybe a few horror stories, I think Lynchboy is in the same sort of IT contracting game I was in so he might have a idea

[lynchbhoy]

There seems to be quite a few clued in posters on here, for those a scenario.

Bit miffed at work, got a new job - hey it's a free economy. offered more mula to stay, thank you but I'm off!  Signed contract for said new employer posted off said contract, offered various new terms and conditions, thank you but eh I said I'm off. Two weeks later new terms and conditions offered, eh I have accepted new employment, signed contract etc, got start date, "Don't worry, it isn't a slave market, no one can force you to work anywhere, just say you changed your mind, happens all the time"

Irrespective if I am to stay or go, surely signing a contract of employment is legally binding for someone to start a job; surely a contract of employment has the same ramifications as any other contract, has it not?

thanks for the build up Stephenite - you've put me on the spot, esp with me being thick and all that (also I must be careful not to come across as too opinioneted or an 'expert' in any way as it seems I offend one of our Cavan contingent for some strange reason).

Sureyouwill
being a tad thick, I am a little bit unsure of what you are saying.
Can I just clear up that the new employer have NOT changed terms and conditions on your previously signed contract and sent you a new one with altered T&C etc?

If that is not the case then its simple enough.
In spite of signing a contract, you do not have to honour it.
Yes the company could pursue you for breech of contract, but sue you for what exactly?
It would only cost them money to do so, it would be a case no court would rule in their favour, plus if it they actually did happen to win the case (by some miracle) there are all sorts of workers rights under EU freedom of moevement and freedom to work type acts that mean they would simply file your CV under B for 'Bollix' for a wee while before forgetting you ever existed (therefore you could apply to them again in the future and get the job).

Got to ask yourself why you wanted to leave your current place initially.
If it was just money and you were happy where you were, then stay.
Only you can make the decision though.

At this juncture you have the coice of old or new companies.
A nice enough position to be in.The hardest part is having to tell one of them you are not accepting their offer. Dont chicken out - your career and future is at stake. That is more important than their headcount.

Best of luck

[sureyouwill]

There seems to be quite a few clued in posters on here, for those a scenario.

Bit miffed at work, got a new job - hey it's a free economy. offered more mula to stay, thank you but I'm off!  Signed contract for said new employer posted off said contract, offered various new terms and conditions, thank you but eh I said I'm off. Two weeks later new terms and conditions offered, eh I have accepted new employment, signed contract etc, got start date, "Don't worry, it isn't a slave market, no one can force you to work anywhere, just say you changed your mind, happens all the time"

Irrespective if I am to stay or go, surely signing a contract of employment is legally binding for someone to start a job; surely a contract of employment has the same ramifications as any other contract, has it not?

thanks for the build up Stephenite - you've put me on the spot, esp with me being thick and all that (also I must be careful not to come across as too opinioneted or an 'expert' in any way as it seems I offend one of our Cavan contingent for some strange reason).

Sureyouwill
being a tad thick, I am a little bit unsure of what you are saying.
Can I just clear up that the new employer have NOT changed terms and conditions on your previously signed contract and sent you a new one with altered T&C etc?

If that is not the case then its simple enough.
In spite of signing a contract, you do not have to honour it.
Yes the company could pursue you for breech of contract, but sue you for what exactly?
It would only cost them money to do so, it would be a case no court would rule in their favour, plus if it they actually did happen to win the case (by some miracle) there are all sorts of workers rights under EU freedom of moevement and freedom to work type acts that mean they would simply file your CV under B for 'Bollix' for a wee while before forgetting you ever existed (therefore you could apply to them again in the future and get the job).

Got to ask yourself why you wanted to leave your current place initially.
If it was just money and you were happy where you were, then stay.
Only you can make the decision though.

At this juncture you have the coice of old or new companies.
A nice enough position to be in.The hardest part is having to tell one of them you are not accepting their offer. Dont chicken out - your career and future is at stake. That is more important than their headcount.

Best of luck

Thanks guys - you are correct Lynchboy my new employer has not changed terms and conditions, they have no notion that I am being persuaded to stay and are of the understanding I am joining them in the immediate future.

[Spiritof98]

Tell your new company that the old guys are fighten tooth and nail for you then we could have bidding war and that trip to Bognar could be a caribbean Cruise! No shame in negotiating.

[muppet]

 These links at Oasis.ie ( Citizens Information ) might help.

Changes to your contract of employment

Contract of employment

Fixed term or specific-purpose contracts

[Bogball XV]

presumably the new contract would have some sort of probationary terms anyway, ie it's a certain amount of months before you are permanent.  I'd ring them up and tell them the situation, they may not be happy, but i'd be absolutely shocked if they went any further.  It's also likely that they still have a shortlist of the unsuccessful candidates, who they will now offer the job to, no harm done.  If you've any further problems in getting out of it let us know, but I can't see them trying to enforce any contract at this stage.  (that's all presuming i've understood your intitial query correctly).

[Candyman]

sureyouwill your best bet is to go visit good aul Stan Druse in the Armagh citizens Advice Bureau...(although he recently got promoted and is moving to Newry, good on ye stan ) No doubt he'll educate ye...
if not just land into work and declare "Do ye's not know who my da is..."