Declining a Job Offer After Verbally Accepting

zola25 said:
^ Indeed. I feel that any alterations would be a compromise at best, which would mean I'd not be completely satisfied and I'd likely be marked as someone who doesn't toe the party line. Even more importantly, I feel trust has been broken before I've even commenced work with them.
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I feel that this trust is really important and I'd feel very much as you do in the situation.

I would be up front and honest though about my issues. If the company don't like that then they're not a company I'd want to work for.
 
Yes, you can opt in and out. However by signing the contract it opts me in, then I can immediately submit my written request to opt out giving 3 months notice. WTD is only part of the problem though.
 
However, the written offer has now arrived and I am not at all happy to accept many of the T&C's within the contract.
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This is perfectly normal, its why the contract is written. If your objections are fair then its not you causing trouble

after there commission again.
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my experience of agencies is like salesman, they will say one thing and another is true. Not always but they are very driven to make the sale no matter what, its down to you what you sign up for. A bit like buying a house, the description may be slightly fictional :p
 
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Regarding the Working Time Directive I think a lot of people misunderstand this as the employee is in control regarding it. An employee can opt out and back in to it when they want. Yes I know some companies will try and abuse it but legally they are wrong.
 
Vinno said:
I wouldn't want to work for them to be honest if they're trying to pull the wool over your eyes before you've even started.
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This really. I appreciate your stance on not burning bridges but even if they came back to you in the future with a corrected contract, they sound like the type to start trying it on straight away.
 
Could it not be the case that you've just been forwarded the template HR contract?

I'd approach it on the basis that you think there has been a misunderstanding as there are some points in your contract that don't go along with what was discussed... then see what they say to that :)
 
Reply black politely confused.

"Hi just been checking the contract you've sent me and there's been a mistake I was told in the interview 24/7 on call work was specifically not a part of the role but it's down in the contract.

I'm sure there's just been a mix up with the wrong contract being sent out.

Sincerely

Name"
 
zola25 said:
I verbally accepted 24 hours after, as the agency advised me that the company would question my commitment if I delayed further.
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In other words the scumbag recruitment "consultant" just wanted his commission ASAP and offered bad advice.
 
It happens and I wouldn't think it would be a big deal. They know full well you haven't seen the contract. I personally always say, whether by email or on the phone, that I provisionally accept pending receipt of the contract.
 
Signing the contract also means opting out of the Working Time Directive, which pretty much gives them licence to take advantage of free 24x7 cover in my view - a situation I was in once before.
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That's an illegal clause in the contract. No one can force you to opt out.

And unpaid 24/7 oncall? Hahahahahahahahahahahahahahahahahaha!
 
It's worth discussing with them as they may of just given you a template t&c. See if you can speak to the interviewer and discuss it. Definitely don't sign it and wait for a fixed one or just back out.
 
The contract has been updated to include all my details, but is presumably based on some form of template. Having said that it's very slick and has none of the holes you'd expect from an incomplete document.

Bear in mind the on call is only one of the issues I've highlighted as an example to avoid bogging the thread down with detail. It's more about the general feeling this has given me, and contract aside even the non-written i.e. face to face and phone discussions I've had with them have been unclear on this point. It really feels like they are trying to brush it under the carpet but would hit me with it once employed.

If I had a major problem with my current job, I'd certainly be seeking to rectify the issues to make the new job acceptable. However, I applied for this job as I thought I it may improve upon the small issues with my current position, when in reality (having seen the contract) I believe I have more to lose by taking the new one.

Edit: I suppose there's a lesson in here, if you are 90% satisfied with your current job, don't go looking for the last 10%
 
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It's funny how the "out of hours support" always tries to get worded in a way that seems to give the employer more benefits than the employee.

I've read a number of threads on here with people complaining about their terms when it comes to being required to provide out of hours support. Either with the rates being bad, being unable to reclaim hours worked as TOIL, being pressured into working a LOT of 'out of hours'.

Working in a software support environment myself with customers all around the world, I know all too well that customers do seem to require 24hr support pretty much 365 days a year. Companies really need to start taking a stance on offering attractable policies when it comes to offering out of hours support. Otherwise they'll just miss out on attracting good workers.
 
That they try and enforce opting out of the WTD as a condition for employment should be a red flag... unless you have no life outside of work and happy to put your employment first - even if its just in the short term to make some extra cash before moving on this isn't the job for you.
 
Well, there'd be no extra cash to be made anyway. Benefits wise it's not as good as my current job although the base salary was matched - although again, some of this wasn't clear until the offer was in writing. The new employer knew that I was happy to accept some reductions on the basis there was no on call.
 
So to sum up what I've gleaned so far from this thread:

-New job doesn't pay more than current job
-New job has worse benefits than current job
-New job commute is 'much the same' as current job
-New job has a contract you aren't happy with
-New job has given you a feeling of unease about the people you will be working with
-Main bone of contention with current job is out of hours support however this is 'well regulated and planned, plus our call out rates are very good' compared to the unknown and potential deceipt of new job
-Current job has 'small' not 'major' issues

I know what you say about burning bridges in case you ever needed this new mob as a potential employer in future but look at it this way. If you leave your current employer then that is potentially a burned bridge in itself i.e. can you be sure they would take you back in future if needed?

The about-face isn't ideal but ultimately there is a difference between verbal acceptance and signing a contract and in my book it is reasonable to reject a written contract. Just make it clear it is the contract you are taking issue with rather than directly accusing them or the agent of being deliberately misleading.
 
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HangTime, that's a perfect summary stated far more eloquently than my own ramblings :D

I am comfortable with the decision not to take the new job now that I have all the information. The fact is it was a tough decision to accept verbally, and now that I have all the information it swings the decision back to staying put.

I do feel a level of guilt about having verbally accepted before backing out, not to mention feeling a little unprofessional. I appreciate this is my own failing, and I should not have allowed myself to be pressured into the verbal agreement. In future I'd state that I am very keen but I'd like to see the written offer before making a firm decision. This was partly due to my own inexperience as I've only worked for two employers in nearly 20 years, which means it's been years since I've had a job offer.

I do believe my current employer would take me back in future should a vacancy exist. It's a large company and many have come back with their tails between their legs 12-18 months after leaving. I know now that's not a risk I am willing to take for the job that's on offer though.

Having read the responses here I also agree that being honest about the contract is key, it is entirely possible the individuals have not tried to deliberately mislead me.
 
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