A job offer — whether verbal or written — is a legally binding contract once accepted by the candidate. This means withdrawing an offer without good reason can expose your business to breach of contract claims. Getting the offer process right is essential.
Types of Job Offer
- Conditional offer — subject to satisfactory references, right to work checks, DBS clearance, or medical clearance. Most offers should be conditional
- Unconditional offer — no conditions; the role is confirmed immediately upon acceptance. Use with caution
What to Include in a Written Offer
- Job title and start date
- Salary and benefits
- Working hours and location
- Any conditions that must be met before starting
- Deadline for accepting the offer
- Probation period details
- Notice period during probation
Withdrawing an Offer
You can withdraw a conditional offer if the conditions aren't met (e.g., failed reference, no right to work). However, withdrawing for other reasons — or withdrawing an unconditional offer — could result in:
- Breach of contract — the candidate may claim loss of earnings
- Discrimination claim — if the withdrawal relates to a protected characteristic
From Offer to Day One
Once the offer is accepted, ensure you complete all onboarding requirements including the written statement of employment particulars on or before the start date.
Our recruitment support includes offer letter templates and onboarding checklists to ensure compliance. Get in touch.