Job offers usually fall into two categories:

Conditional: A job offer is made based on set criteria being met. A job offer can be withdrawn at any time if it’s found that the conditions set out in the offer haven’t been met.

These conditions may include:

• Being unable to demonstrate eligibility to work in the country.
• Failing to hold or provide qualifications specific to that job role.
• Not being able to provide satisfactory references.
• Being unable to pass any background checks that have been requested.

Unconditional: A job offer is made based on no conditions being stated as part of the offer. If a candidate accepts the offer, withdrawing the offer becomes more challenging.

Although it’s not impossible to withdraw the job offer, you have a higher risk of being in for breach of contract. This is because the candidate’s employment starts at the point of acceptance, meaning as soon as the offer is accepted, they have the same rights as an employee. This applies if an individual has not started their first day of work, or even received their contract.

This is the case for a verbal job offer and acceptance, as it is considered just as valid as a written job offer.

When withdrawing an offer of employment, it’s also essential you are not being discriminatory. When choosing to withdraw the offer, you should consider whether any of the following have influenced your decision:

• Age
• Disability
• Gender
• Relationship status
• Pregnancy and maternity
• Race
• Belief
• Sexual orientation

Regardless of the reason, the withdrawal of a job offer should always be handled professionally, and you should provide evidence that the withdrawal was not discriminatory or unfair. Not only does this ensure your decision was fair, but it also supports you and your company in any potential disputes or law proceedings. It will also reflect well on the professionalism of your company.