Withdrawing job offers and what to consider

A recent UK employment tribunal case has shown that conditional job offers can still create a legally binding contract once accepted, even if checks like references or right-to-work haven’t been completed.

The key issue is how the conditions are interpreted including precedent where no contract exists until fulfilled or where conditions are subsequent where the contract exists but can be ended if conditions fail.

In this case, the tribunal decided a contract was formed at acceptance, because the employer required unconditional acceptance before checks, conditions such as probationary only apply after employment starts. Also, documents which implied employment already existed.

When the employer withdrew the offer before the start date due to business changes, this was ruled wrongful termination, not a risk-free withdrawal. The tribunal also rejected the idea that there was no notice due, instead implying a 3-month notice period based on the notice detailed in the contract, as this was a senior role.

Key points identified in this situation were that accepting an offer can create immediate legal obligations and conditional wording must be carefully drafted, Furthermore, withdrawing offers may require notice to be paid and a probationary period does not delay contract formation.

A job offer isn’t risk-free just because it’s conditional. Once accepted, it may already be a contract. Should you have any questions on this topic contact us on 0800 9995 121.

Withdrawing job offers and what to consider

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