Withdrawing a job offer can cost you more than you think

"A candidate was offered a role as a project manager, subject to satisfactory references, a right to work check, and successful completion of a six-month probationary period. The offer letter referred to key terms such as salary and a start date, but it did not mention a notice period. The employer also agreed to contribute towards relocation costs."

"The candidate accepted the offer by email and completed the new-starter paperwork, including providing referee details and the required right to work documents. A few weeks later, the employer withdrew the job offer because of delays in the project. The candidate brought a claim for breach of contract, citing the withdrawal of the offer and failure to pay any notice pay."

"The Employment Tribunal dismissed the claim. It held that the job offer was conditional and that the employer had not yet received references or completed the right to work checks (which required original documents). The contract had therefore not been formed."

"The EAT disagreed. The key question was the nature of the conditions attached to the offer and whether they were: “Conditions precedent”, that is, conditions that must be satisfied before any contract is formed) or “Conditions subsequent”: whereby acceptance of an offer gives rise to a binding contract, but if the conditions are not satisfied, the cont"

A candidate accepted a conditional job offer for a project manager role by email and completed new-starter paperwork, including providing referee details and right to work documents. The offer required satisfactory references, a right to work check, and successful completion of a six-month probationary period. The employer later withdrew the offer due to project delays and the candidate claimed breach of contract and notice pay. The Employment Tribunal found no contract because the offer was conditional and references and right to work checks had not yet been completed. The Employment Appeal Tribunal held that the key issue was whether the conditions were conditions precedent or conditions subsequent, and that the withdrawal could amount to a breach even though work had not started.

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