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.

Information to customize

• Employer's name or company name

• Employer's address

• Candidate's full name

• Candidate's address

• Job title

• Reporting line / manager

• Proposed start date

• Salary / principal remuneration

• Offer type

  Unconditional binding offer, conditional binding offer (subject to specified conditions), or non-binding agreement in principle.

• Conditions the offer is subject to (if conditional)

  E.g. satisfactory references, DBS check, right-to-work verification, qualification check.

• Deadline for the candidate to accept

• Date of the letter

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Frequently asked questions

Does an offer letter create a legally binding contract before the candidate's first day?

Yes, if the letter is an unconditional offer (or a conditional offer whose conditions have been met) and the candidate accepts, ordinary English contract law principles of offer and acceptance mean a binding contract of employment exists — even though most statutory employment rights only start to accrue from the candidate's first actual day of work.

What is the difference between a conditional and unconditional offer?

A conditional offer only becomes a binding contract once stated conditions are satisfied (e.g. satisfactory references, a DBS check, right-to-work verification), or waived by the employer. An unconditional offer is binding as soon as it is accepted, with no such conditions.

Is there an English equivalent of the French 'promesse d'embauche'?

Not directly. English law does not have the same doctrinal split between offre and promesse developed in French case law. The closest tool available under English law is either a conditional offer (which is a binding contract subject to conditions) or an expressly non-binding 'agreement in principle' — these operate on different legal logic from the French framework and should not be treated as a straight translation of it.

Can the employer withdraw an unconditional offer after the candidate accepts?

Not without risk. Once an unconditional offer is accepted, a binding contract exists, and withdrawing it can expose the employer to a breach of contract claim, even though the candidate has not started work and has not yet built up continuity of employment for most statutory rights.

How should right-to-work checks be handled in the offer?

Employers should make the offer conditional on satisfactory right-to-work verification under the Immigration, Asylum and Nationality Act 2006 before the candidate starts, since employing someone without the right to work in the UK can expose the employer to civil penalties.

Is a written statement of particulars required in addition to the offer letter?

Yes. The offer letter itself is not a substitute for the section 1 Employment Rights Act 1996 written statement of particulars, which must be provided no later than the employee's first day of work — the offer letter should say clearly that this will follow or is enclosed.

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