Job offers: your rights
Once someone has accepted an 鈥榰nconditional鈥� job offer, they鈥檙e in a legally binding contract of employment. However, a 鈥榗onditional鈥� job offer can be withdrawn if the person does not meet the employer鈥檚 conditions (for example, satisfactory references and health record).
A job offer, and acceptance of that offer, can be verbal or 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
Once someone has accepted an offer they can only take action in certain situations.
| 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 鈥榖reach of contract鈥� |
| The offer was conditional and the applicant did not meet the conditions | The applicant cannot 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