When recruiting you need to be particularly careful if you’re thinking of withdrawing a job offer. If you don’t make that job offer conditional, then the retraction of an unconditional drop offer could leave you at risk of either;
- a wrongful dismissal claim – a job candidate could claim damages for what would have been their contractual notice if they had they started the job, i.e., for one month salary if the job was subject to a one month notice.
- a discrimination claim – if they are able to argue that the job was withdrawn for a discriminatory reason e.g. if the candidate had childcare facilities or alternatively as a medical problem amounting to a disability – do be aware that there is no limit to the discrimination compensation that can be awarded at can be awarded for any such employment tribunal claim
The solution, however, is simple. Our employment lawyers recommend that you ensure that any job offer is made on a clear conditional basis – perhaps subject to references, evidence of their right to work in the UK, CRB check, evidence of the complications, or receipt of a satisfactory medical report.