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An employer can withdraw a job offer, but their legal right to do so depends entirely on whether the offer was conditional or unconditional. Once you accept an unconditional offer, a binding employment contract is typically formed, making it much harder for an employer to retract it without legal consequences.
Receiving a job offer is a significant milestone, but what happens if it's suddenly taken off the table? Understanding the key differences between conditional and unconditional job offers is critical to knowing your rights. Legally, an employer's ability to rescind an offer hinges on the offer's type and the point in the process, especially under UK employment law. This guide explains the circumstances under which a job offer can and cannot be withdrawn.
The fundamental distinction lies in the requirements you must meet before the offer becomes firm. An unconditional job offer means you are hired immediately upon acceptance, with no further checks required. A conditional job offer, however, is contingent on you successfully passing specific pre-employment screenings.
This distinction is crucial because it determines the legal standing of the offer. Based on common HR practices, an unconditional offer creates an immediate employment contract upon acceptance, even if a physical document hasn't been signed. A conditional offer only becomes binding once all its stated conditions are satisfied.
An employer can legally withdraw a conditional job offer if you fail to meet any of the predefined requirements. These conditions are typically outlined in the offer letter and are designed to verify your suitability for the role. Common conditions include:
If an employer discovers an issue during these checks that means you do not satisfy a condition of employment, they are within their rights to rescind the offer. This is not typically considered a breach of contract because the contract was never finalized.
There are strict legal limitations on why an offer can be withdrawn. Under the UK Equality Act 2010, it is illegal for an employer to withdraw a job offer based on any of the nine protected characteristics. This constitutes discrimination.
The protected characteristics are:
| Protected Characteristic | Description |
|---|---|
| Age | Your age or age group. |
| Disability | A physical or mental impairment with a substantial long-term adverse effect. |
| Gender Reassignment | The process of transitioning to a different gender. |
| Marriage/Civil Partnership | Being married or in a legally recognized civil partnership. |
| Pregnancy/Maternity | Being pregnant, on maternity leave, or recently given birth. |
| Race | Including colour, nationality, and ethnic or national origins. |
| Religion/Belief | Any religion, religious belief, or philosophical belief. |
| Sex | Being a man or a woman. |
| Sexual Orientation | For example, being heterosexual, gay, lesbian, or bisexual. |
If you suspect an offer was withdrawn for a discriminatory reason, you should seek legal advice immediately.
If you have accepted an unconditional job offer, the employer has created a legally binding agreement. Withdrawing the offer at this stage may constitute a breach of contract. Even without a signed document, a contract can be formed through the exchange of offer and acceptance emails that clearly outline the key terms, such as job title, salary, and start date.
In this situation, you may have a claim for damages. The first step is to contact the employer directly to:
If a direct conversation does not resolve the issue, your next step should be to seek advice from an employment lawyer or a service like Acas (Advisory, Conciliation and Arbitration Service).
To protect yourself, always seek a written job offer. This provides clear evidence of the terms and whether the offer was conditional or unconditional.
