mjmooney Posted October 25, 2014 VT Supporter Share Posted October 25, 2014 Under an ancient bylaw, your new employers have the right to execute you. But only if the execution takes place within the grounds of Chester cathedral and is performed with a longbow between the hours of midnight and three A.M. Well, obviously, yeah. Link to comment Share on other sites More sharing options...
TrentVilla Posted October 27, 2014 Moderator Share Posted October 27, 2014 Just to be clear. There is no contract until there has been consideration. It makes no difference whether you've signed it or not. Until they've paid you something the contract isn't formed. Actually I don't believe that is the case. As far as I'm aware a contract of employment commences from the point at which it is accepted (signed) and not from the point at which work commences or payment is made. If the above was the case then people would work the first month of their job without a contract of employment until they have received their first pay which clearly isn't the case. A contract can be formed verbally, it need not be in writing and as far as I'm aware certainly doesn't require payment to have occurred. Link to comment Share on other sites More sharing options...
limpid Posted October 27, 2014 Administrator Share Posted October 27, 2014 You are quite right. Payment is irrelevant. Consideration is required. Link to comment Share on other sites More sharing options...
dont_do_it_doug. Posted October 27, 2014 Share Posted October 27, 2014 (edited) You are quite right. Payment is irrelevant. Consideration is required. He had agreed to offer them services in exchange for money. That is consideration. I think you've got this one wrong. Edited October 27, 2014 by dont_do_it_doug. Link to comment Share on other sites More sharing options...
limpid Posted October 27, 2014 Administrator Share Posted October 27, 2014 You are quite right. Payment is irrelevant. Consideration is required. He had agreed to offer them services in exchange for money. That is consideration. I think you've got this one wrong. So what is the consideration offered by the employer? Link to comment Share on other sites More sharing options...
Risso Posted October 27, 2014 Share Posted October 27, 2014 You are quite right. Payment is irrelevant. Consideration is required. He had agreed to offer them services in exchange for money. That is consideration. I think you've got this one wrong. So what is the consideration offered by the employer? Is this not executory consideration? The promise for the company to pay salary in the future in return for the performance of the employee's duties? Link to comment Share on other sites More sharing options...
ender4 Posted October 27, 2014 Share Posted October 27, 2014 (edited) only one question to consider: Edited October 27, 2014 by ender4 1 Link to comment Share on other sites More sharing options...
limpid Posted October 27, 2014 Administrator Share Posted October 27, 2014 You are quite right. Payment is irrelevant. Consideration is required. He had agreed to offer them services in exchange for money. That is consideration. I think you've got this one wrong. So what is the consideration offered by the employer? Is this not executory consideration? The promise for the company to pay salary in the future in return for the performance of the employee's duties? You mean executed consideration as the payment would be after the fact. Executory consideration would be a payment before he started work, which would complete the contract and mean failing to start work was a tort with respect to that contract. If I have got this wrong then I can only apologise and again refer the OP to proper legal advice. I'm pretty sure I'm not wrong though and even if I am the OP can still use the probation period to terminate the contract. Link to comment Share on other sites More sharing options...
Risso Posted October 27, 2014 Share Posted October 27, 2014 (edited) It's been a while so I could be wrong as well, but I thought executory consideration was a contract based on future promises, ie if you paint my fence tomorrow, I'll pay you for it next week. Same thing applies here, the company is promising to pay you a month's salary as consdieration after you've started work. In any case, this is just intellectual theory, I've never heard of an employer even attempting to do anything in this situation. Edit: and the probabtion period is a very good point. Even if you started work for them, either side can normally terminate the contract at short notice say after a week. They then can't force you to work your notice in any case. Edited October 27, 2014 by Risso Link to comment Share on other sites More sharing options...
AstonMartin82 Posted October 28, 2014 Author Share Posted October 28, 2014 I'm not saying who is right or wrong though I posed this "consideration" question on the Consumer Action Forum and it generated a little confusion and debate. However, it would appear the most experienced poster has stated: Originally Posted by steampowered Consideration is about whether or not there is a legal obligation to do something, not whether you have actually performed it. For example, an obligation to go to work in a week's time can be consideration. Indeed. There is consideration on both sides; you are agreeing to perform work, and in return receive pay for that work. Consideration can be both "executed" (already performed) or "executory" (a promise to do something in the future). In regards to my situation the contract is being drawn up so I guess I'll be providing an update as to how my conversation goes at the end of the week. Quite looking forward to it Link to comment Share on other sites More sharing options...
LondonLax Posted October 29, 2014 Share Posted October 29, 2014 The probation period at the start of a new job is supposed to protect an employee wanting to walk away as much as an employer wanting to fire. You have to be polite, and explain what happened but there shouldn't be legal repercussions. Link to comment Share on other sites More sharing options...
Popular Post AstonMartin82 Posted November 3, 2014 Author Popular Post Share Posted November 3, 2014 So I today finalised my new contract and was in a position to call the company that I am not joining... I had prepared a cue beforehand to ensure that I cited key words and points that I wanted to get across to try to keep any damage down to a minimum. Conversation went very well and the company that I have let down even congratulated me and wished me well in the future. Bosh! 6 Link to comment Share on other sites More sharing options...
lapal_fan Posted November 3, 2014 Share Posted November 3, 2014 Well done man, I imagine it was difficult to pick that phone up Link to comment Share on other sites More sharing options...
AstonMartin82 Posted November 3, 2014 Author Share Posted November 3, 2014 Yes, it certainly was! Took about 20 minutes of going over and over in my head exactly what to say, but as always fear is incredibly irrational. Link to comment Share on other sites More sharing options...
Spoony Posted November 4, 2014 Share Posted November 4, 2014 (edited) Just to be clear. There is no contract until there has been consideration. It makes no difference whether you've signed it or not. Until they've paid you something the contract isn't formed. I'm surprised we have no legal types. This is pretty basic, but check with CAB or a solicitor if you want to be sure. Edit: I see it's all figured out now. Just for the future though, a promise to do something can be consideration. Just because nothing has changed hands doesn't mean it isn't there. It will all depend on the wording of the contract and if things don't go as smoothly as it did for you (and I'm glad it did and congrats on the job!), speak to a lawyer. Edited November 4, 2014 by Spoony Link to comment Share on other sites More sharing options...
Davkaus Posted November 4, 2014 Share Posted November 4, 2014 It's a bit late now, he's dealt with it! Link to comment Share on other sites More sharing options...
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