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?

Does an employer have the right to insist on medical checks for all new employees?


May an employer ask a prospective employee to fill in a medical questionnaire?

An employer may ask a prospective employee to complete a medical questionnaire, although it should not do so until after it has made a job offer. There should be a statement on the form that the information obtained will be processed by the employer, and a place for the job applicant to sign to signify his or her consent to this. Information about an individual's physical and mental health is regarded as "sensitive data" under s.2 of the Data Protection Act 1998, and the Act requires the individual's express consent to be obtained before such information is processed.

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Can employers make conditional offers subject to health clearance and then withdraw an offer if the health requirement is not met?

Where an individual's employment offer is withdrawn due to an unsatisfactory reference does he or she have any right to see the reference?

Where an unsuccessful job applicant asks for details of why he or she was not offered the job is the employer obliged to disclose those details?

What are the main obligations on employers in relation to vetting and barring under the Safeguarding Vulnerable Groups Act 2006?

Under the vetting and barring scheme, what constitutes "regulated activity" in relation to children?

Under the vetting and barring scheme, what constitutes "regulated activity" in relation to vulnerable adults?

What are the main changes in force from 10 September 2012 to the vetting and barring scheme for people working with children and vulnerable adults?

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