Employment Law | Jersey Business Legal Services
This will depend upon whether the offer was made on a conditional or non-conditional basis
If an employer makes an unconditional offer to a potential employee and this is accepted a legally binding contract will be formed between the two parties. The employer cannot unilaterally withdraw the offer. In other words be careful making unconditional offers because once made and accepted the contract is formed. The employer can of course withdraw an offer at any time until it is accepted, as long as this has been communicated to the potential employee.
If an employer does withdraw an offer once accepted the employee would be able to sue for breach of contract. The usual claim would be that they have suffered loss due to resigning from their previous business through to claiming damages for failing to provide compensation in line with notice pay. The employer may also face a claim for discrimination if the offer was in fact removed due to the employee suffering a health issue and this being found to be a reason for not honouring the job offer.
In general terms it is wise to consider making conditional offers to employees, just in case. For example, consider stating that the position is subject to conditions such as satisfactory references, a criminal record check or a qualification check for example. This gives the employer an opportunity to assess the applicant employee further.
A conditional job offer can be withdrawn if the applicant employee does not fulfill all the conditions of the offer.
However if the applicant employee does meet all the conditions and you decide to withdraw the offer, the applicant employee could take legal action against you for breach of contract.
The employer should also be careful to consider Jersey discrimination legislation when making any decision. Withdrawing a job offer because the medical check shows the applicant has a disability is likely to constitute discrimination. The applicant employee could issue proceedings against you.
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