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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48509
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Can an employer retract a job offer after a conditional job

Customer Question

Can an employer retract a job offer after a conditional job offer has been made for business reasons other than what was stated in the conditional offer letter -
Does it also make a difference if the employee who applied for the job is agency and they do continue to employ on the agency?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Can you please explain what happened exactly?

JACUSTOMER-0qp34y02- :

An agency employee applied for a fixed term 1 year contract to cover maternity. The manager put in a business case for the staff to be put on higher increment in accordance with nhs policy - the conditional offer was sent in December subject to satisfactory checks, however Finance did not give their approval to salary increase and rather than confirming this to the employee have not contacted him with any information. We are now in February and the lady on maternity has given notice that she would like to return in May. The employer would like to keep the interim on agency (with the possibility of something else coming up soon) and retract offer of fixed term contract. The employee earns more as an interim and has not been at a financial detriment unless we do not keep him after May to December?

Ben Jones :

Did the employee accept the offer of employment? Did he actually start working in the post?

Ben Jones :

Did his contract have a clause allowing for early termination of the contract?

JACUSTOMER-0qp34y02- :

No he did not actually start in the post he remained in his interim post. No contract was issued and he did not put in writing that he accepted the post.

JACUSTOMER-0qp34y02- :

He did say he wanted the job but was waiting for a decision on the starting salary

Ben Jones :

It appears that the job was never actually accepted so no formal or legally binding contract would have been in place anyway. Common law requires and offer and a subsequent acceptance for there to be a legally binding contract and in this case the employee never actually accepted the job offer, they were still contemplating it and were delaying making a decision. Therefore, the job offer can be withdrawn unconditionally before the acceptance by the employee was made. Their existing employment with you will not be affected – they will; remain in their present position and the withdrawal of the separate offer will not affect their current job.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks