Job offers and contracts of employment
Making an offer properly. It creates a contract earlier than people think.
Please note: This page explains what a term means. It is general information, not legal, financial, tax or investment advice, and it does not know anything about your business. Before you sign, file or commit to anything, check it with an accountant, a solicitor, or the official guidance we link to.
What it means
An unconditional offer accepted creates a contract of employment even before a written statement is issued or anyone starts.
Why it matters
Withdrawing an accepted offer can be a breach of contract and, if the reason relates to a protected characteristic, discrimination.
What it looks like in practice
Make offers conditional where you need to — on references, right to work, a DBS check where the role is eligible — and say so explicitly in the offer letter.\n\nThe written statement of particulars must be given on or before day one.
What to watch out for
Unconditional offers made verbally and then withdrawn when a reference disappoints.
Where to get proper advice
https://www.acas.org.uk/
Where to read more
Last reviewed 2026-08-28 by Fiducia Together · Next review due 2027-08-28
Please note: This page explains what a term means. It is general information, not legal, financial, tax or investment advice, and it does not know anything about your business. Before you sign, file or commit to anything, check it with an accountant, a solicitor, or the official guidance we link to.
Fiducia Together