Skip to main content

How to handle negotiations for job offers

In the current market, job offers are issued in a somewhat nervous manner at times. Recently we have experienced a firm getting very nervous about negotiation and withdrawing completely from a job offer.

A solicitor was offered a post in a small to medium firm in the south east. At three years qualified, the salary was very good and was in line with figures you would expect to see in a good firm across the UK. The candidate accepted the offer immediately and a contract was sent out. Upon receipt of the contract, the candidate decided that there were points in it that needed to be negotiated and discussed further, so they got back in touch with the firm with a list of requests.

The firm considered these and within about two hours had withdrawn the offer.

So what had the candidate done wrong? Firstly, in the current market, firms are very nervous about everything. Whether this is recruitment or purchase of new equipment or just business in general, they are terrified that something is going to go wrong, or they are going to find themselves in financial difficulties. This particular offer had been made and the contract negotiation had made the firm very nervous, so rather than negotiate further, they had simply withdrawn.

The candidate had wanted to negotiate overtime as well as extended holidays and also requesting confirmation of payment of practicing certificate and CPD costs.

I think the point that had worried the firm the most was the query about overtime. The candidate had noted in the contract that the firm had indicated overtime was expected and that they would require the candidate to work as necessary. The contract did stipulate that any time worked out of hours could be taken off the following day if it was for events such as business breakfasts or networking in the evening. However, the candidate wanted paid overtime for any hours worked after ordinary office hours, and this terrified the firm as they naturally expected their solicitors to work after hours as necessary to get the job done. I think this point above all others was the one that resulted in the job withdrawal as in the circumstances of a recession, work getting harder to source, it could be said that one has to put in more hours to get the same returns as in a good market. It is all a question of reasonableness and this has to be from both sides, employer and employee.

The final nail in the coffin was the request for more than three weeks off in any three month period that may occur. From a recruitment angle, this is unheard of. I have not come across any contracting employments that provides for employees to take more than three weeks off in any three month period and have even come across clauses that prevent anyone from taking more than two weeks off in a period of employment at all, unless in special circumstances and approved by the partnership or board.

The problem is of course, that if you take three weeks off in any one period, you then have no holiday for the remainder of the year which can result in people needing to take unpaid leave or phone up and take sickness, as for their appointments during office hours, they would simply be unable to attend them.

What lessons can be learned on negotiating a job contract in the current market? Firstly, if you have gone through an agency to get a job, don’t forget to use the agency to do your negotiating for you. Consultants spend a good proportion of time negotiating contracts and are usually very experienced at it. They can also frame things in a way that does not appear too worrying for law firms, so for example, for this particular candidate, we could have enquired about a specific event requiring three weeks off in a three month period – perhaps a honeymoon or a house move etcetera. We also could have advised the candidate on the issue of overtime and the fact that this is not paid in any law firm unless in particular circumstances where perhaps a contract was needed to be completed over a weekend.

We could also have applied on the payment of a practicing certificate and CPD points, because I suspect the firm in this instance felt slightly demeaned by the request for this to be confirmed as every respectable law firm pay for these and it goes without saying that they are included. Again, a recruitment consultant can put this in a better way than an employee can.

In general, if you receive a job offer from a firm in the current climate, you need to think carefully about how you deal with it. Make sure that you consider it carefully because there are not as many vacancies out there or sources of work and once you have considered it carefully, make sure that you approach negotiations with an open mind and do not try to push the firm into a corner on specific demands.

Jonathan Fagan is Managing Director of Ten Percent Legal Recruitment. He regularly writes and commentates on the state of the legal profession and legal recruitment in general. His website is www.ten-percent.co.uk and you can contact him at cv@ten-percent.co.uk

Comments

Popular posts from this blog

Overpaid Charity CEOs - top 40 of high paid employees - updated 2022

In 2014, we wrote an article about high pay in the charity sector after the Charity Commission started to require all charities to disclose pay of senior executives earning more than £60,000.    We have updated the list for 2022, with a comparison chart so you can see the difference between 2014 and 2022. We have included the source of the most recent salary levels and the year refers to the accounts year we extracted the salary information from.   2022 Top 40 Chart of High Paying Charities Charity Highest salary Year Consumers’ Association £390k-£400k 2020 MSI Reproductive Choices £240k-£250k 2020 Save the Children International £285k-£300k 2020 Cancer Research UK £240k-£250k 2020 The British Red Cross Society £170k-£180k 2020 Age UK £180k-£190k 202...

3rd class degree holders - advice from www.ten-percent.co.uk Legal Recruitment Consultants

07/05/08 Third class degree – should I be looking to become a lawyer? A question we are asked quite regularly by law students is whether they should be looking to start a legal career if they only have a third class degree (sometimes this can be a 2:2 as well). If you have a third class degree it is important to bear in mind the main issue, which is that quite a few firms, if not the vast majority, use the class of a degree as a benchmark to determine whether or not to shortlist that person for interview. Third class degree applicants are very easy to filter, as it is the perfect excuse to get rid of a reasonably sized number of applicants without needing to read the CV. If you see it from the firm’s perspective, if you have 100 CVs for one training contract position then filtering them out via this method is an easy way of reducing the number without needing to do very much work at all or think about it. So I suppose in one sense, it is so difficult to find a training contract with a ...

What does PQE stand for?

15.08.07 What is PQE, and how important is it to law firms? PQE stands for 'Post-Qualified Experience', and is usually given in years or half years for solicitors and also for legal executives as well. In terms of job advertisements, it was envisaged by various experts on age discrimination that it would no longer be an accepted method of describing vacancies by law firms, as it should not matter how many years experience you have for a post, rather it should be more based on your ability. However since 2006 and the new laws, very little has changed, because in reality solicitors need certain levels of PQE before they can undertake certain tasks. For example, a 1 year PQE solicitor is legally unable to supervise an office - they have to be 3 years PQE before they are allowed to, and also have passed a management course recognised by the Law Society (some solicitors believe the latter to be a simple money spinning operation by various course providers, but I could not possibly c...