This Letter Withdrawing a Conditional Offer of Employment should be used when an employer wishes to withdraw a conditional offer of employment. An offer of employment could be conditional upon, for example,
- Satisfactory references;
- Providing evidence of qualifications; or
- Providing evidence of the applicant’s right to work in the UK.
If an offer of employment is withdrawn on account of a failure to satisfy a stated condition, there will be no breach of contract on the part of the employer.
In respect of proving the right to work in the UK, employers should be aware that it is a criminal offence to take on an employee who is subject to immigration control and who:
- Has not been granted leave to enter or remain in the UK; or
- Does not have permission to work in the UK.
Before employing someone, therefore, employers must ensure that the person has the right to work in the UK.
Employers must note that it is not possible to withdraw an offer of employment if they find out that a job applicant is pregnant, as this will amount to direct discrimination for having the protected characteristic of pregnancy and maternity under the Equality Act 2010.
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