If an unconditional job offer is accepted, a legally binding contract of employment will generally be formed, even if the employee has not started work yet. A job offer and the acceptance of the offer can be either verbal or in writing. However, it is worth noting that if a conditional offer is made (i.e., a job offer that depends on references or other checks such as passing a criminal record check or demonstrating the right to work in the UK), an employer may be entitled to withdraw the offer where the relevant conditions are not satisfied, such as where references are unsatisfactory or the applicant is unable to provide the required documentation. Conditional offers do not become fully binding until the relevant requirements have been met.

Where a binding contract of employment has been formed, an employer should not simply withdraw the offer. Instead, the employer may be required to terminate the contract in accordance with its terms including any notice requirements. Failure to do so may give rise to a claim for breach of contract and the employee may be entitled to seek compensation for any losses suffered, particularly where they have relied on the offer by resigning from their previous employment.

Employers should also be mindful that withdrawing a job offer must not be motivated by unlawful discrimination as applicants are protected under discrimination legislation. If an offer is withdrawn because of a protected characteristic then the applicant may have grounds to bring a discrimination claim before a tribunal.

This article was provided by Madison Bowyer, an Associate in the Employment Law Group at Arthur Cox NI. 

T:+44 28 9026 5886 
E: Madison.bowyer@arthurcox.com 
https://www.arthurcox.com/