Hiring and probation

Conditional offer withdrawn letter

Withdraws an offer because a stated condition was not met, and says which one.

A reference did not stack up, the right to work could not be confirmed, a DBS check came back with something the role cannot carry, or a required card or licence does not exist. The condition was in the offer letter; this letter says it was not met.

Before it goes

  • The condition you are relying on is written in the offer letter.
  • You have given the candidate the chance to explain or fix it, and recorded that.
  • The reason is the condition, and only the condition. Anything else needs advice first.

The letter

[COMPANY NAME] [COMPANY ADDRESS] [DATE] [EMPLOYEE NAME] [EMPLOYEE ADDRESS] Dear [EMPLOYEE FIRST NAME], Withdrawal of conditional offer of employment I refer to our letter of [OFFER DATE] offering you the position of [JOB TITLE], and to our conversation on [DATE]. That offer was conditional on [THE CONDITION, e.g. two satisfactory references / evidence of your right to work in the UK / a satisfactory DBS check / a valid CSCS card]. I am sorry to tell you that this condition has not been met, because [ONE FACTUAL SENTENCE, e.g. your previous employer has confirmed a live final written warning for … at the time you left / we have been unable to verify your right to work by the start date despite the extension we agreed / the check disclosed … which the role cannot accommodate]. We discussed this on [DATE] and I have considered what you told me. However, the offer is withdrawn with effect from today and no employment will commence. [If any expenses were agreed: We will reimburse the travel expenses for your interview as agreed; please send receipts to [EMAIL].] I am sorry that we have reached this position and wish you well in finding a suitable role. Yours sincerely, [MANAGER NAME] [JOB TITLE] [COMPANY NAME]

Filling it in

The factual sentence
One sentence, one fact, the fact that maps to the stated condition. This letter will be read by an adviser if the candidate is unhappy; give them nothing else to read.
The conversation
Have it before the letter, not instead of it. A reference can be wrong; a share code can be re-issued.

What the law says

  • Contract law: a conditional offer lapses if the condition is not satisfied; an unconditional accepted offer withdrawn is a breach of contract.
  • Equality Act 2010: withdrawing for a reason connected to a protected characteristic (including something disclosed in a health questionnaire) is discrimination unless objectively justified.
  • Rehabilitation of Offenders Act 1974: spent convictions cannot be relied on unless the role is exempt.
Guidance, not legal advice. Employment law moves; check the current position before relying on any of it, and take advice on anything that could end someone's employment.

What turns this letter into a claim

  • Do not withdraw for "not being a good fit" after a health questionnaire. That is the sentence in every discrimination claim of this kind.
  • Do not withdraw an offer that had no conditions, or where the conditions were met, without taking advice. Notice pay is the least of it.

Questions people ask

Can the candidate claim anything?

If the offer was genuinely conditional and the condition genuinely failed, ordinarily no. If they can show the real reason was something else, they may have a discrimination claim regardless of not having started, because the Equality Act covers applicants.

They have already resigned from their old job. Does that change anything?

Legally, not if the condition failed and they were told not to resign before confirmation. Practically, it is why the offer letter tells them exactly that, and why the confirmation letter exists.

The letter, with the names already in

Employ AI drafts letters like this one from the employee's record, so the dates, service and pay are already right, and the disciplinary module writes the invitation and outcome letters from the case itself. All 44 letter families, 49 UK policies, GPS clock-in, rotas, leave and timesheets: £2.50 a month plus £1 per employee. 14 days free, no card.

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