Tag Archives: employment contracts

What’s the Safest Way to Withdraw a Job Offer?

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I have been asked a lot of questions recently about withdrawing job offers based on poor references, so I thought that I would write about it in more detail here. 

Can you withdraw a job offer once it has been made? What risks do you face as an employer if you change your recruitment plans?

Sometimes you will need to withdraw an offer of a job. The hiring situation may change because of a general recruitment freeze, a restructure within your organisation or a change of management. The funding for the post might have been withdrawn or you may become aware that the selected candidate is not suitable after all.

Job offers can be withdrawn after they are made, but there are risks associated with doing this. Withdrawing an offer because circumstances have changed looks like bad planning and could affect your company’s reputation. The employee may be able to bring a tribunal claim for breach of contract.

When is the contract of employment formed?

An employment contract is formed once an unconditional job offer is made and accepted. If you withdraw an unconditional job offer once it has been accepted, you are effectively terminating the contract and could be liable for damages for the individual’s loss.

Even though the individual has not started working for you, there will be a notice period due – just as with other terminations. Damages could amount to what the individual would have received if you had given proper notice – including any pay and benefits due.

What if your recruitment plans change?

If your recruitment plans change due to business needs and you have to withdraw job offers, you should notify the recruits as soon as possible to try to limit the damage and enable them to mitigate their potential loss. The selected candidate might not have resigned from their current employer yet. If they have, they may still be able to ask for their old job back – the sooner this is done the better.

Pre-recruitment checks and job offers

Most job offers are conditional on the new recruit satisfying certain conditions. The selected candidate may need to provide references or evidence of qualifications, or they may need to demonstrate their right to work in the UK. If the individual does not satisfy one or all of those requirements, you can withdraw the job offer without being liable for damages.

If you don’t make it clear that the job offer is conditional, and then withdraw the offer because the recruit has not satisfied one of your requirements, this will amount to a breach of contract and you may be liable for damages. Offers of employment should make absolutely clear that they are conditional on certain requirements being met. Failure to do so can be costly.

If you’re considering making or withdrawing a job offer and you want to make sure that you’re doing it properly, contact us first for some advice. Call us on 0118 940 3032 or email sueferguson@optionshr.co.uk.

(HR) Human Resources for Small Businesses

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When you run a small business, taking on and managing staff can be one of the hardest things to get your head around. Here are a few of the basics that you need to get right.

Employment contracts – This is the most important HR document you’ll have in your business. You’re legally obliged to provide every employee with a written statement of the terms and conditions of their employment within two months of them starting with you.

National Minimum Wage – Almost all workers in the UK aged 16 or over are legally entitled to be paid a minimum hourly amount. The rate is reviewed every year and usually increases in October. Click here for the current rates.

Holidays – All employees are entitled to a minimum amount of time off per year. For full time employees the maximum is 28 days. You can work out your employee’s holiday entitlement by clicking here. Some companies like to give their staff an extra day off on their birthday, if it falls on a working day.

Pensions – Since July 2012 changes have been brought in. Every business will have to provide eligible employees with a qualifying pension scheme and make minimum levels of contributions into it. Talk to pension providers to find out when you need to set up your scheme.

Statutory Sick Pay – When an employee is absent from work due to sickness for more than three continuous working days, they become entitled by law to receive Statutory Sick Pay.

Discipline and Grievance Process – When dealing with disciplinary and grievance situations in the workplace, you should follow the Acas Code of Practice.

Dismissal Procedure and Tribunals – Dismissing an employee is fraught with risk for employers, so you should make sure that you follow the correct procedure and take advice.

These are just a few of the things you need to know. It’s best to deal with issues before they become big problems, so if you need any more advice, please do get in touch.