This section explains shortlisting best practices, developing objective criteria, and maintaining fairness. It also covers making job offers, both conditional and unconditional, key terms to include, and legal considerations to avoid discrimination. Guidance is provided on withdrawing offers before or after acceptance, managing risks, and ensuring compliance with employment law.
Recruitment: Offer Management
Shortlisting
Following conclusion of the application process, the next stage of the process is shortlisting.
This may involve a combination of both interviews and other methods of assessment.
To avoid bias and remove the risk of discrimination, it is important that a consistent process is applied for all candidates interviewing for a role.
The employer should develop shortlisting criteria, also referred to as job-related criteria, for the purposes of shortlisting.
This criterion will enable the employer to match the skills and competencies of applicants against the requirements of the job.
Guidance on shortlisting
- Develop a clear short-listing criteria
Review the job description, person specification and competency framework to set an objective criteria.
Define which qualifications, skills and experience are essential and which are desirable.
Ensure the criteria is measurable, job related and aligned with the requirements of the role.
- Establish a short-listing panel
Form a panel of at least two appropriately trained individuals to ensure objectivity and reduce the risk of unconscious bias.
The panel should agree the short-listing criteria in advance, review applications independently and meet to discuss and finalise the short list.
- Differentiate between essential and desirable criteria
Clearly distinguish which requirements are essential and which are desirable. Both essential and desirable criteria should be directly related to the role.
This helps ensure consistent and a fair assessment.
- Conduct an initial screening process
Perform an initial shift to eliminate applicants who do not meet the minimum essential criteria.
This streamlines the process and ensures that only suitable candidates proceed to the full assessment.
- Evaluate the use of applicant tracking system
Consider whether using an online applicant tracking system (standalone system or part of a wider HR system) would improve efficiency in screening and shortlisting bearing in mind the potential advantages and disadvantages
- Consider telephone or video screening
This would be appropriate for high volume roles or where clarification is needed consider a brief screening interview by phone or video call to assess suitability before inviting to formal interview.
- Develop scoring and weighting system
Assign scores to each shortlisting criterion and, where appropriate, apply weightings to reflect their relative importance.
This promotes consistency among panel members and helps to objectively rank candidates.
- Score and finalise the shortlist
Each panel member should independently score candidates based on the agreed criteria followed by a panel discussion to agree a final shortlist.
Only those who clearly meet the essential requirements and score the highest overall should be invited to the next stage.
- Candidate Feedback
The employer should keep details of the unsuccessful candidates for example, the application form, interview notes etc for a period of time.
It is advisable to keep this data for a period of 6 months.
There is no requirement for an employer to give feedback to an unsuccessful job applicant, other than where certain recorded information must be given where the individual makes a request under GDPR; however, it is considered best practice to give feedback to all candidates, whether successful or not.
Making an Offer
Once the recruitment process has been concluded and a decision has been made on who is a suitable candidate, the employer should make a job offer to the candidate.
Job offers can be in writing or made orally.
It is advisable that the offer is made in writing and to include the key elements of the offer.
If the offer is made orally, it is advisable to create a record of what has been offered and agreed. This should be documented in writing and stored in a secure, accessible location.
Be prepared to answer any questions about the organisation and role.
If a candidate needs time to consider a job offer, set a clear deadline for their response and specify how they should communicate their decision (e.g. by phone).
A few days is usually sufficient, but the urgency of filling the role may affect this timeframe.
Avoid long delays, as second or third choice candidates may accept other offers in the meantime.
The offer should clearly set all the essential terms, such as:
- Job title
- Pay
- Hours of work
- Employment status (e.g. permanent, temporary, fixed-term)
- Location: Office, hybrid, remote, UK-wide, International
- Any conditions attached to the offer (e.g. satisfactory references, medical clearance, right to work in the UK)
If there are additional documents that form part of the contract, e.g. a handbook or other policies which include contractual terms, these should all be included with the offer documentation.
It should be noted that anything written in the job advert or said in the interview can form a term of the employment and, therefore, those involved in recruitment should be made aware of this to avoid making any commitments at these early stages that cannot be honoured.
Conditional and Unconditional Offers
Most job offers are typically subject to specific requirements being met. These are referred to as conditional offers, for example:
- Providing references that are satisfactory to the employee. This helps verify past performance and reliability.
- Providing evidence of the right to work in the UK (for example a visa or work permit).
- Providing proof of relevant qualifications
- Completing a medical questionnaire to confirm physical fitness for the role. Often required for a physically demanding role.
- In some cases, meeting a requirement specific to the role such as a Disclosure and barring service check.
If an offer is dependent on certain conditions being met, the employer must make this clear in the offer letter.
If the prospective employee fails to meet one of the conditions, the employer can withdraw the offer without being in breach of contract.
If the prospective employee meets the conditions, the job offer can be confirmed.
An employment contract is formed upon unconditional acceptance, whether or not it is in writing
Non-Discrimination in Job Offers
Job candidates and employees must be treated fairly.
It is illegal to offer worse terms due to a protected characteristic or action.
Part-time and fixed-term workers should be treated the same as full-time and permanent staff.
What to avoid when making a job offer?
- Do not offer different terms based on age.
Example: A 55-year-old candidate is offered a 6-month probation period, while younger candidates are offered 3 months for the same role, without any performance-based justification.
- Do not reduce or withdraw an offer due to pregnancy or parental status.
Example: A candidate informs the employer she is pregnant after receiving a verbal offer. The employer then delays sending the written offer and eventually retracts it, citing “team workload concerns.”
- Do not offer unequal pay for equal work.
Example: Two candidates, one male, one female, are hired for the same position with similar experience. The male candidate receives a higher salary offer without any documented rationale.
- Do not include conditions that disproportionately affect certain groups.
Example: A candidate with a mobility impairment is offered the job only if they agree to complete a physical fitness test, even though the role is desk-based and does not require physical exertion.
- Do not rescind an offer after learning about a candidate’s characteristic which is protected under The Equality Act 2010
Example: A candidate discloses they observe Friday prayers and may need a short break during that time. The employer then withdraws the offer, claiming “scheduling conflicts.”
- Do not impose different probation periods or benefits based on a candidate’s characteristic
Example: A non-UK citizen is offered a longer probation period and denied relocation support, while UK citizens in the same role receive full benefits and standard probation terms.
- Do not ask for personal information unrelated to the job.
Example: The offer letter includes a request for the candidate to disclose marital status and number of dependents, even though this information has no relevance to the role or benefits.
- Do not make assumptions about “cultural fit” that exclude diverse candidates.
Example: A candidate from a different ethnic background is told they may not “fit in with the team’s vibe,” and the offer is withdrawn despite strong qualifications and positive interviews.
Withdrawal of the Offer by the Employer
An employer may look to withdraw an offer of employment for a number of reasons, for example;
- There have been changes to business requirements.
- New information about the applicant has been received that affects the employment decision.
- A condition of the offer, such as obtaining satisfactory references, has not been met.
Withdrawing a job offer can lead to legal claims, such as discrimination.
Employers should document their reasons, communicate them clearly in writing, and ensure decisions follow fair hiring policies.
Legitimate reasons include changes in business needs or funding, not bias.
Consulting HR or legal experts and keeping detailed records help manage potential risks.
Withdrawing an offer after acceptance may result in a breach of contract claim by the employee.
An employee may claim misrepresentation or negligent misstatement if a job offer is made with plans to terminate the contract after the employee resigns from their current role but before starting the new one.
What to consider when withdrawing a job offer
- Call the candidate to explain the reason for withdrawing the offer.
- Communicate with empathy and address any concerns the candidate may raise.
- Take notes during the conversation for record-keeping.
- Follow up in writing, clearly stating the reason for the withdrawal.
- Stay focused on delivering a transparent and respectful explanation.
What to avoid when withdrawing a job offer
- Avoid vague reasoning, therefore be clear and direct about why the offer is being withdrawn.
- Do not delay communication unnecessarily, as it may cause confusion or distress.
- Do not ignore legal and/or HR guidance. Ensure to consult relevant policies before proceeding.
Withdrawal of the Offer – Before Acceptance
An offer of employment can be withdrawn at any time before it has been accepted by the employee without having to give notice or make a payment in lieu of notice.
The employer will need clear evidence that it withdrew the offer before the employee had purported to accept it.
The withdrawal should be communicated in clear terms to the prospective employee.
Again, the employer should also satisfy itself that it can demonstrate the reasons for its decision to withdraw the offer, in the event that the employee brings a claim arising from the withdrawal.
Problems can arise if a letter of withdrawal of the job offer and the letter of acceptance cross.
If a verbal job offer is withdrawn before the candidate accepts it, there’s generally no legal issue, as no contract has been formed yet. However, if the offer is accepted verbally and then withdrawn, it may be considered a breach of contract, since verbal agreements can be legally binding. This could entitle the candidate to compensation, such as notice pay. That’s why it’s important to clearly communicate any conditions and follow up verbal offers with written confirmation
In these circumstances, a valid employment contract is formed.
This is because, although the withdrawal of the job offer is only effective once it reaches the employee. The acceptance is effective once it is made.
However, with the use of email and instant communication methods, the risk of such a problem arising may be limited in practice.
Under standard contract law, an employer can revoke a job offer at any point before the employee accepts, without having to provide notice or pay payment in lieu of notice.
To do so, the employer must be able to show that withdrawal happened before the offer was accepted and must clearly communicate this decision to the prospective employee.
The employer should also be prepared to justify the withdrawal if the employee disputes it.
Withdrawal of the Offer – After Acceptance
Once any conditions attached to an employment offer are met and the employee accepts or begins work, an employment contract is formed.
To end the contract, the employer must provide proper notice or payment in lieu (if allowed by contract).
Failing to do so is a breach of contract, allowing the employee to take legal action in a tribunal or civil court.
An employee's loss resulting from a breach of contract typically accrues after their scheduled employment start date, as employees are not usually entitled to benefits prior to beginning work.
As a result, if an employee has a four-week notice period and the employer unlawfully terminates the contract one week before the agreed start date, damages are generally limited to three weeks' earnings.
If the employment contract includes a probationary period that allows for termination with shorter notice, the circumstances may require additional consideration.
If a contract becomes effective upon acceptance, regardless of when employment begins, withdrawing the offer after acceptance constitutes an actual, not anticipatory, breach.
Withdrawal of Acceptance by the Employee
If an employee retracts their acceptance of a job offer, they must give the minimum notice required by the contract.
Failing to do so is a breach of the contract and may give the employer grounds for a claim, though such claims are uncommon as employers often struggle to prove significant loss.
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