Where an individual accepts a job offer but subsequently accepts another offer from a different company will the first employer have any form of redress?

Once a job has been offered and accepted, a binding contract of employment comes into force. If the individual who has accepted the offer subsequently changes his or her mind and declines, for any reason, to take up the post, this will represent a breach of contract on his or her part. In theory the employer could, therefore, sue the individual for damages for breach of contract.

In practice, however, it will not usually be worthwhile for the employer to sue the individual for breach of contract as the taking of such action would in all likelihood cost more money than any potential damages the court might award to the employer on account of the individual's breach of contract. The only circumstances where such a course of action would be financially viable would be where the individual's change of mind created a substantial quantifiable financial loss for the employer. However, even in these circumstances the court would take into account that, if the individual had started work for the employer, he or she would have been entitled lawfully to give a period of notice to terminate the contract.