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Annie Hayes

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HR Tip: New recruit fails to show

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These questions are being answered by Learn HR, a market leader in the provision of HR and payroll training and nationally-recognised professional qualifications.


Q: We recently made an offer of employment to a man who accepted in writing. However he failed to turn up for work on the agreed day and instead let us know indirectly that his existing employer had offered him more money to stay. What action can we take?

A: In law he is in breach of contract and therefore you would be within your right to sue. However I have to tell you that any damages awarded would most likely be small and considerably less than your legal costs. In any breach of contract case the law requires you to take reasonable steps to mitigate your loss and this you should do by setting out to recruit someone else. I advise that you take no action against the man.

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Annie Hayes

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