Q&As

Is an employer bound by the terms of a job offer made to (and accepted by) an employee which contain mistakes in relation to the benefits on offer?

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Published on LexisPSL on 02/05/2019

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • Is an employer bound by the terms of a job offer made to (and accepted by) an employee which contain mistakes in relation to the benefits on offer?

Is an employer bound by the terms of a job offer made to (and accepted by) an employee which contain mistakes in relation to the benefits on offer?

In relation to whether the terms of an offer of employment are enforceable, one would first need to ascertain whether it was intended for the offer to constitute a contract on acceptance, or whether it was intended for the offer subsequently to be replaced by a more detailed written contract.

In the latter instance, if the terms of the offer were made subject to contract, it implies that the subsequent contract would be likely to prevail over the terms of the earlier offer in the event of any inconsistency between the two (and thereby potentially provide the employer with an opportunity to rectify any mistakes). See Precedent: Letter—employee offer letter which provides an example of where the terms of the offer are intended to be formalised in a subsequent contract, the terms of which would prevail if they conflicted with the details given in the offer letter (see also the accompanying drafting notes to this Precedent).

For further information, see Practice Note: Offer of employment, in particular, the main section dealing with: Status of the offer letter.

If the offer was intended to form the contract, once it is accepted there is generally a binding contract of employment. For further

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