Make a job offer and pre-employment checks

Withdrawing job offers where checks are not satisfactory

Employers can withdraw job offers made subject to references, criminal records checks etc, where the results are less than expected.

If an applicant starts work before the results of checks have been received, you should make it clear that the offer may be withdrawn if the checks prove unsatisfactory.

If you offer a job subject to a reference and the reference is unsatisfactory or is refused and you withdraw the offer, you could face legal action by the applicant - see the page in this guide on references.

No contract exists until the applicant has accepted an offer and all conditions under which the offer was made have been satisfied.

You may also wish to offer employment subject to a trial or probationary period. The length of the period may depend on the type of job and how much time is needed to gain or show the necessary skills.

If you decide to withdraw the offer at the end of the period, you will need to give the employee the notice specified in their written statement. If no time has been specified, they will be entitled to the statutory minimum notice period or to any longer period which is the established custom or practice within the industry.

An alternative to withdrawing the offer would be to extend the probationary period - if the contract allows - and to provide appropriate training.

Employees cannot claim unfair dismissal before completing one year's service unless it is for a number of automatically unfair reasons. However, an employee dismissed during or at the completion of their probationary period may be able to claim breach of contract if, for example, you have not provided training that you promised would be given during the period.

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