Job Offer Letter

Overview

A job offer letter is the document by which an employer formally offers a role to a candidate. English law does not use the French distinction between an 'offre' and a 'promesse d'embauche' (post-2017 case law under French Code civil article 1124) — instead, ordinary English contract principles of offer and acceptance apply. An offer letter that sets out the essential terms (role, start date, salary) and is capable of unqualified acceptance can create a binding contract of employment as soon as the candidate accepts, even before the candidate's first day of actual work — meaning that withdrawing the offer after acceptance can itself amount to a breach of contract or, in limited circumstances, entitle the candidate to a remedy, even though the candidate is not yet an 'employee' with continuity of service for the purposes of most statutory employment rights (which generally only start to accrue from the first day of actual work). Conditional vs unconditional offers: an employer can and often should make the offer expressly conditional (for example on satisfactory references, a DBS/background check, right-to-work verification under the Immigration, Asylum and Nationality Act 2006, or a qualification check). A conditional offer only becomes a binding contract once the stated conditions are satisfied (or waived by the employer); an unconditional offer becomes binding on acceptance. Employers should be precise about which model they are using, since ambiguity can create unintended liability. 'Agreement in principle' — a genuinely non-binding stage: where an employer wants to signal serious interest without yet making a legally binding offer (for example, pending board approval of a new headcount, or before formal reference checks have even begun), the safer approach under English law is not a 'promesse' in the French sense, but an expressly non-binding indication — sometimes called an 'agreement in principle' or a clearly labelled 'letter of intent' — stating in plain terms that no binding offer is being made and that a formal, binding offer will follow subject to specified steps. This is a meaningfully different legal mechanism from the French offre/promesse split and should not be drafted as if it were simply a translated equivalent. Key clauses: role and reporting line, start date, salary and other principal remuneration terms, any conditions the offer is subject to, an acceptance mechanism and deadline, and confirmation that full contractual terms (the section 1 ERA 1996 written statement) will follow or are enclosed. Common pitfalls: sending an unconditional offer letter with firm terms and then trying to withdraw it after acceptance because a reference or background check later raises concerns — if the offer was not made conditional on those checks, withdrawal can expose the employer to a breach of contract claim; and using vague language that leaves it unclear whether the letter is a binding offer or merely an expression of interest, which creates legal uncertainty for both sides.