What is a job offer?

Making a job offer seems straightforward, but how it is made and what it includes has legal implications many founders are not aware of. A verbal or written offer that is accepted creates a legally binding contract — even before a formal employment contract is signed. Understanding what a job offer involves and how to make one correctly reduces the risk of disputes at a critical stage of hiring.

A job offer is a formal proposal to a candidate to take up employment on specified terms. It should confirm the role, start date, salary, working hours, and any key conditions — such as the offer being subject to satisfactory references or a right to work check. Most job offers are made in writing and are conditional on certain checks being passed. An unconditional offer, once accepted, is legally binding.

Withdrawing a job offer after acceptance — particularly an unconditional one — can expose the business to a breach of contract claim. Making offers conditional on reference and right to work checks, and not confirming an offer as unconditional until those checks are complete, is the standard approach. Our guide to making job offers covers the process and what to include in a formal offer letter.