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Browse frequently asked questions and answers on key HR issues. Navigate by topic or key word search. View latest additions or suggest a question to the XpertHR editorial team.
Are promises made during the interview legally binding? What comprises an offer of employment? Why are written terms of employment important? Are conditional job offers binding? What constitutes an acceptance of an offer of employment? If an employer makes a job offer and the candidate accepts, can the employer change its mind and withdraw the job offer if nothing has yet been put in writing? Where an individual has accepted an employment offer can the employer withdraw it where, for example, a freeze on recruitment has subsequently been put in place? Where an individual accepts a job offer but subsequently accepts another offer from a different company will the first employer have any form of redress? Can an employer withdraw a job offer if it subsequently discovers that the successful candidate is pregnant?
An employer can insist that all new employees undergo a medical check provided that the check is designed to ensure that they are fit to perform a particular job. If the medical standard is set too high in relation to the job, there is a risk that it will not be justifiable under the Human Rights Act 1998.
Although there is (with a small number of exceptions) no legal requirement for employers to require prospective employees to undergo medical examinations, if the employer has made the job offer conditional upon a satisfactory medical examination, then it is within its rights to withdraw the offer if the job applicant refuses to take a medical examination.
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