Conditional job offers: setting conditions, and if a check raises something

An accepted offer is a contract

Once someone accepts a clear offer, even by phone, there's a contract. If you then withdraw an unconditional offer without giving notice, that's likely to be a breach of contract, and the usual cost is the pay for the notice period they'd have been entitled to.

That's why most offers are conditional: the contract only goes ahead if the conditions are met.

Setting the conditions

List each condition in the offer letter, plainly. Common ones are:

• references you find satisfactory, saying from whom
• proof of their right to work in the UK, checked before they start
• a DBS check, where the role is eligible for the level you ask for
• proof of a qualification or professional registration the job needs
• a health assessment, where it's relevant to the job

Give a date to accept by. Tell them if they should wait before handing in their notice until the conditions are met, so nobody is left without a job.

If a check raises something

A reference or check that raises a question doesn't mean the offer is automatically off. There may be a mistake, or an explanation.

1. Write down what came up, and what the offer said about that condition.
2. Ask whether it really matters for this role.
3. Tell the candidate, in neutral terms, and give them a chance to explain or send documents.
4. Decide, and record who decided and why.
5. If you withdraw, say so in writing, briefly and kindly.

Withdrawing an offer because of a protected characteristic is discrimination, even if it's dressed up as a failed condition. Take particular care with health assessments, which may involve a disability, and with spent convictions, which usually can't be taken into account.

When every condition is met

Confirm it in writing, with the start date, where to go and who to ask for. From then on the offer is unconditional, and ending it means giving notice under the contract.