Withdrawing a job offer because of ill health could cost your business

Recruitment can be challenging, but employers should remember that the legal risks do not begin on an employee’s first day at work. In many cases, they begin the moment a job offer is made.

A recent Employment Tribunal highlighted this after an employer was ordered to pay almost £17,000 for withdrawing a job offer after learning the successful candidate had breast cancer and would require time off for treatment.

The candidate had already accepted the role, signed her contract and disclosed that she had undergone surgery and would shortly begin radiotherapy. She explained that she would need some time away from work to attend treatment appointments.

Shortly before she was due to start, the employer withdrew the offer.

During the Tribunal, it was accepted that concerns had been raised about whether the business could support someone undergoing cancer treatment and whether the individual would be capable of carrying out what was considered to be a demanding role. The Tribunal found that the decision was discriminatory.

Importantly, the employer had made assumptions about the employee’s health and ability to perform the role without properly exploring the situation, discussing the individual’s needs or considering whether reasonable adjustments could have enabled them to undertake the position successfully.

Cancer is automatically treated as a disability under the Equality Act 2010 from the point of diagnosis. This means employers have a duty to avoid discrimination and, where appropriate, consider reasonable adjustments.

That does not mean an employer must ignore genuine operational challenges or automatically agree to every request for flexibility. However, decisions should always be based on evidence rather than assumptions. Open conversations, medical advice where appropriate and a willingness to explore practical solutions are all essential parts of a fair recruitment process.

The Tribunal was also critical of the employer providing different explanations for withdrawing the offer after the event. Once concerns had been raised, several alternative reasons emerged, which the Tribunal concluded undermined the employer’s credibility.

Making assumptions about a person’s health, rather than assessing their ability to carry out the role, can expose a business to significant legal and financial risk. In this case, the compensation exceeded £16,000, before considering legal fees, management time and reputational damage.

For employers, the lesson is straightforward. Focus on whether the individual can do the job, discuss any support they may require and avoid making decisions based on perceived limitations. Taking the time to have the right conversation at the outset is almost always less costly than defending a discrimination claim later.

If you have any concerns about this subject contact us at enquiries@121hrsolutions.co.uk and we can discuss.

Withdrawing a job offer because of ill health could cost your business

121 HR Solutions Ltd