Make a job offer and pre-employment checks

Making the offer

You may wish to make a job offer initially by telephone, discussing the terms of employment and establishing if the offer is accepted.

Send the successful candidate a formal offer letter including:

• the job title
• the name of the person to whom the job is offered
• any conditions, eg checks on eligibility to work
• the date employment starts
• whether a probationary period is applicable
• the terms on which it is offered
• action required by the candidate, eg production of suitable evidence of entitlement to work

Decide what information can be given at a later date. Candidates must receive a written statement of the main terms and conditions of employment, usually within two months of the starting date.

Ask the candidate to send you a signed copy of the offer letter - this establishes the terms on which the offer was made, in case of any disputes.

A conditional offer
Offers can be subject to candidates meeting certain conditions based on your pre-employment checks:

• Passing a medical examination - this must apply to all prospective employees, not disabled people only.
• Passing a criminal records check.
• Providing proof of their eligibility to work in the UK.
• Providing suitable references - be aware the referees may refuse to provide a reference or may wrongly indicate an applicant's suitability.
• Completing a probationary period.

Ask all potential employees starting employment for original documents as evidence of their right to work in the UK.

Anyone detected employing a worker illegally in the UK could be convicted and fined.

You should ensure that no one is discouraged or excluded from taking a job because of their appearance, ethnicity, name, religion or accent. If you are found to be operating discriminatory recruitment processes, you could be prosecuted under the Race Relations Act 1976 and face an unlimited fine. You will also place yourself at risk of being prosecuted for emplying an illegal woker, as you may not have guaranteed a defence for all your employees.

Carry out document checks as soon as possible – most employees won't wish to hand in their notice until they've had a firm offer of employment. If candidates can't meet the conditions you can withdraw your offer. This should be done quickly, but it can lead to legal action.

Once conditions are met, send an unconditional offer letter.

Subjects covered in this guide

• Introduction
• Make the decision
• Making the offer
• References
• Health checks - when are they appropriate?
• Checking qualifications
• Work with at risk adults and children
• Applying for a criminal records check
• Withdrawing job offers where checks are not satisfactory
• Pre-employment checks - data protection issues