Getting a job offer is one of the best feelings in a job search, but what happens if it gets taken away? An employer can withdraw a job offer in certain circumstances. What matters is whether the offer was conditional or unconditional, and why it was withdrawn.
Here's what you need to know, and what you can do about it.
Conditional vs unconditional offers: why it matters
Before we look at whether a job offer is withdrawn, it helps to understand the two main types of job offer, because your rights depend on which one you've been given.
Unconditional offer: This is a straightforward offer of employment with no strings attached. Once you accept it, it will generally form a legally binding employment contract - even if you haven't signed anything formal yet. The exact wording of the offer and acceptance still matters. A job offer and its acceptance can be made verbally or in writing, and either form can be effective.
Conditional offer: This is an offer that depends on you meeting certain conditions first. Common examples include:
- Satisfactory references.
- An appropriate criminal-record check, where the law permits it. Spent convictions are generally protected and do not usually need to be disclosed, subject to exceptions under the Rehabilitation of Offenders Act 1974 and the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975.
- Proof of your right to work in the UK. The relevant right-to-work check must be carried out before employment begins, but that does not mean every employer must make it a condition of making the offer.
- An appropriate health check or occupational health assessment, where permitted by law. Section 60 of the Equality Act 2010 generally restricts health questions before an offer, subject to statutory exceptions.
- Confirmation of qualifications or professional memberships.
If you don't meet these conditions, the employer is generally entitled to withdraw the offer.
If you're currently employed and job-hunting, it's really important to wait until you have a fully unconditional offer before resigning from your current role. A conditional offer can still fall through, and if it does, you don't want to be left without a job at all.
So, can a job offer be withdrawn?
Here's how it breaks down in practice:
- If your offer was conditional and you haven't met the conditions, for example, a reference comes back unsatisfactory, the employer can usually withdraw the offer.
- If your offer was unconditional, or you've met all the conditions attached to it, then withdrawing it may be a breach of contract, depending on the wording of the offer and the circumstances.
- If you believe the offer was withdrawn because of discrimination - for example, because of your age, race, sex, disability, pregnancy, religion or another protected characteristic, you may be able to take the employer to an employment tribunal, regardless of whether the offer was conditional or unconditional. Before making a tribunal claim, you must notify ACAS. ACAS will offer early conciliation to try to resolve the dispute. If the dispute is not resolved, ACAS will issue the certificate needed to bring the claim.
- A withdrawn offer alone is not enough: you need a basis for alleging unlawful discrimination. A possible route is a claim in the Employment Tribunal under sections 39(1) and 120(1) of the Equality Act 2010. The usual time limit under section 123(1) is three months from the act complained of, although the tribunal may extend it where it considers that just and equitable to do so.
What can you do if your job offer is withdrawn?
If this happens to you, try not to panic. Here’s some suggested next steps.
1. Ask for it in writing
If the offer was withdrawn verbally, ask the employer to confirm the withdrawal (and their reasons) in writing. This creates a paper trail and record that could be useful later.
2. Work out what type of offer you had
Look back over any emails, letters or contracts you received. Did they mention conditions such as references or a background check? This will help you understand where you stand.
3. Ask why
As a practical step, you can ask the employer why the offer has been withdrawn. Their answer can help you work out whether it was a legitimate reason (like a failed background check).
4. Get advice
If you suspect discrimination, or believe you had an unconditional offer that's been broken, it's worth seeking advice. You can speak with ACAS (Advisory, Conciliation and Arbitration Service) for free, impartial advice.
Can I be sued if I change my mind after accepting an offer?
It's worth knowing this works both ways. If you accept an unconditional offer and then change your mind, the employer can, in theory, require you to work your contractual notice period or take action against you for breach of contract. Any obligation to give notice before starting would depend on the contract; the statutory minimum notice rules in section 86(2) of the Employment Rights Act 1996 apply after one month's continuous employment. In practice this is rare, but it's a good reminder that once an unconditional offer is accepted, both sides are generally bound by it.
If you're having second thoughts before accepting, it's much simpler and far more professional to turn the offer down properly rather than going quiet.
