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?
Once a job has been offered and accepted, a binding contract of
employment comes into force. If the individual who has accepted the offer
subsequently changes his or her mind and declines, for any reason, to take up
the post, this will represent a breach of contract on his or her part. In
theory the employer could, therefore, sue the individual for damages for breach
of contract.
In practice, however, it will not usually be worthwhile for the
employer to sue the individual for breach of contract as the taking of such
action would in all likelihood cost more money than any potential damages the
court might award to the employer on account of the individual's breach of
contract. The only circumstances where such a course of action would be
financially viable would be where the individual's change of mind created a
substantial quantifiable financial loss for the employer. However, even in
these circumstances the court would take into account that, if the individual
had started work for the employer, he or she would have been entitled lawfully
to give a period of notice to terminate the contract.
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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?
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Where an individual's employment offer is withdrawn due to an unsatisfactory reference does he or she have any right to see the reference?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?