The idea of retracting an offer of employment seems an unlikely scenario, right? However, there are occasions where it may become necessary to retract the offer, just take yourselves back to Covid……………………….!
If you find yourself in the frustrating position of having to withdraw an offer, it may be possible to do so lawfully depending on whether the job offer was conditional or unconditional.
Up until the job offer is accepted by the candidate, it can be withdrawn without consequence.
- If the offer is conditional, subject to the applicant satisfying certain requirements, such as qualifications, you should be able to withdraw the offer without facing any consequences.
- However, if all the conditions have been met or if it was an unconditional offer, withdrawing could be a breach of contract. The employment contract could begin as soon as someone accepts a job offer, even if it was only accepted verbally. In such cases, you should follow your company’s policy for serving notice and provide notice pay accordingly.
If you decide to proceed with rescinding an offer, it is important to provide concrete evidence to show your decision was not discriminatory or based on any protected characteristic.
There are some important considerations around withdrawing job offers, so let’s work through it together and make sure that if you do need to retract an offer of employment, you do so correctly.