Offer of employment letter
A conditional offer that names the job, the pay, the start date and the conditions it depends on.
You have decided who you want and agreed the basics verbally. This puts it in writing before either side relies on it: the candidate hands in notice on the strength of this letter, so it needs to say exactly what has been offered and what could still stop it.
Before it goes
- Agree the salary or rate, hours, place of work and start date verbally first. The letter confirms, it does not negotiate.
- Decide the conditions: references, right to work check, DBS where the role needs it, a medical questionnaire where the role justifies it, qualifications or cards (CSCS, driving licence).
- Have the written statement of particulars ready to go with it or on day one at the latest.
The letter
Filling it in
- Pay
- State the figure and the period. For hourly staff, say whether overtime is paid, and at what rate. Silence here becomes an argument on the first payslip.
- Probation notice
- Statutory minimum after one month's service is one week from the employer. You can offer more; you cannot offer less.
- Conditions
- Only list conditions you will actually check. A condition you never follow up is worse than none, because it looks like you did not care about the answer.
- Acceptance deadline
- Five to seven days is normal. Long enough to think, short enough that the second-choice candidate is still available.
What the law says
- Employment Rights Act 1996 s.1: the written statement of particulars is due on or before the first day of work.
- Immigration, Asylum and Nationality Act 2006: the right to work check must be done before employment starts.
- Equality Act 2010 s.60: health questions before offer are restricted; ask after a conditional offer, and only where relevant to the job.
What turns this letter into a claim
- Do not promise anything in the interview that is not in the letter. The letter is the deal.
- Do not ask about health, disability or pregnancy before the offer. After a conditional offer, ask only what the job needs.
- Do not let someone start before the right to work check. A check done on day two is a check done too late.
Questions people ask
Is an offer letter legally binding?
Once accepted, yes, subject to its conditions. Withdrawing an unconditional offer that has been accepted is a breach of contract and the candidate can claim their notice pay. Keep it conditional until the checks are done, and say so plainly.
Does the offer letter replace the contract?
No. The written statement of particulars is a separate legal requirement and must be given on or before day one. The offer letter can be short if the statement follows quickly; where the two differ, say the statement wins.
Can I withdraw an offer if the references are poor?
If references were a stated condition and the reference is genuinely unsatisfactory, yes. Tell the candidate the condition has not been met. Do not invent a reason, and do not withdraw for anything that touches a protected characteristic.
How long should probation be?
Three months for straightforward roles, six for anything with a long learning curve. Write down what passing looks like before they start, because the probation review letter will need it.
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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