Once someone has accepted an ‘unconditional’ job offer, they are in a legally binding contract of employment. However, a ‘conditional’ job offer can be withdrawn if the person does not meet the employer’s conditions (for example satisfactory references and health record).
A job offer does not have to be in writing, and nor does the acceptance, but it is a good idea for employees to ask for and give something in writing.
Employees should wait until they get an unconditional offer before handing in their notice as a conditional offer could fall through.
If an employer withdraws their job offer
| Situation | Action |
|---|---|
The applicant has evidence that the employer discriminated against them when withdrawing the offer | The applicant can take the employer to an employment tribunal |
The employer has confirmed that the job offer was unconditional, or the applicant has met all conditions | The applicant can sue the employer for ‘breach of contract’ |
The offer was conditional and the applicant did not meet the conditions | The applicant can not take any action |
If a new employee changes their mind
If someone accepts an unconditional offer and then changes their mind, the employer can:
make them work out any contractual element of their notice
sue them for breach of contract