An unconditional offer of employment made by an employer can normally be withdrawn at any time before it is accepted by an individual. However, once an individual has accepted such an offer, the employer cannot normally unilaterally withdraw it, as a contract will have been formed with the employee. Consequently, should an employer withdraw an unconditional offer that has been accepted by the individual, that individual may be able to consider pursuing a complaint of breach of contract against the employer, seeking damages in connection with the breach through a Court.
Conditional offers, for example those that are subject to satisfactory references being obtained, can be withdrawn after an individual has accepted the offer if the employer is satisfied that the condition (i.e. a satisfactory reference) has not been met.
What should you do if you wish to consider taking action over the withdrawal of an offer of employment?
You should seek a qualified legal opinion from a lawyer or seek initial advice from JACS who will provide further guidance.