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If your job offer is withdrawn

This advice applies to Scotland

If an organisation offered you a job then withdrew it before you started work, you might be able to get some money from them.

You can usually only get money if the employment contract started before they withdrew the offer.

If you can get money, you’ll usually get what you would have been paid during your notice period.

If you think the organisation discriminated against you

If you can show the organisation discriminated against you when they withdrew the offer, you can get more money than just your notice pay. You can get this even if the employment contract never started.

Discrimination is connected to who you are, like being a woman or being disabled. For example, it’s usually discrimination if the organisation withdrew the offer because they found out you’re pregnant.

Check if the organisation discriminated against you.

Check if the employment contract started

Check any letters or emails you’ve got from the organisation. It might have said the job offer had conditions - for example if:

  • the organisation needed to check your references or your right to work in the UK
  • you needed to apply for a Disclosure and Barring Service (DBS) check

If you haven’t met the conditions, this means the employment contract never started. The organisation can withdraw the offer and they don’t have to give you any money.

The employment contract will have started if either:

  • you were offered the job without any conditions
  • you met the conditions before the organisation withdrew the offer

Check how much money you can get

If the employment contract had started, withdrawing the offer counts as dismissal. This means the organisation needs to pay you what they would have paid you during your notice period.

To find your notice period, you can check:

  • the job advert
  • documents like staff handbooks
  • letters and emails you’ve had from the organisation
  • the normal notice period for people starting in the role

You might also have verbally agreed your notice period.

If you can’t find your notice period, it will be the minimum you’re allowed by law - this is 1 week.

Getting money you’re owed

It’s usually best to talk to the organisation and ask for the money.

If the organisation won’t pay you, find out how to get the money you’re owed.

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