Supporting clients through difficult employment decisions: Withdrawing a job offer following bereavement

At SafeHR, we understand that employment decisions are rarely black and white, especially when personal tragedy intersects with professional planning. Our clients rely on us not only for expert legal advice but also for compassionate guidance through emotionally charged situations.

Recently, we supported a client facing a particularly sensitive dilemma: they were reconsidering a job offer to a candidate who had suffered a close family bereavement shortly before their intended start date.

While this was an understandably difficult situation for all involved, it raised several important legal, ethical, and human considerations. Here’s how we helped our client navigate the issue with care, compliance, and compassion.

Understanding the legal landscape

When emotions run high, it’s crucial to still be grounded in employment law. In this case, there were four core legal issues to consider:

Contractual commitment

Once a job offer is accepted, especially when unconditional, a legally binding employment contract is likely in place. Withdrawing that offer could be considered a breach of contract, potentially resulting in a wrongful dismissal claim. This holds true even if the employee has yet to start work.

Potential for disability discrimination

While bereavement itself is not a protected characteristic under the Equality Act 2010, its effects can be. If grief leads to depression, anxiety, or another condition that substantially affects daily activities in the long-term, it may be classed as a disability. Any action perceived as discriminatory in this context could lead to a legal claim being made against the employer.

Unfair dismissal based on discrimination

Ordinarily, unfair dismissal claims require two years of continuous service. However, discrimination-related claims, such as those tied to disability, have no such service threshold. This makes it especially important to assess whether a decision could inadvertently be linked to a protected characteristic.

Ethical and reputational considerations

Beyond the legal implications, reputational damage is a real concern. Withdrawing an offer in such circumstances may be seen as lacking empathy, potentially affecting the organisation’s employer brand and broader public image.

Our advice? Lead with compassion, backed by compliance

In reviewing the case, we encouraged the client to consider not just what they could do, but what they should do. Our recommendation was to honour the job offer and provide tailored support to help the new hire ease into the role.

Here’s what we proposed:

• A phased start to allow the employee to gradually return to work when ready.
• Occupational health involvement to assess fitness for work and recommend any reasonable adjustments.
• Employee Assistance Programme (EAP) access to provide counselling and emotional support.
• Regular check-ins with a compassionate manager to ensure the employee felt supported and heard.

However, we also outlined a legally cautious pathway should the employer still wish to withdraw the offer:

• Provide a clear business-led rationale for the decision (e.g. organisational restructure or redundancy).
• Maintain a respectful and empathetic tone throughout the communication.
• Offer contractual notice pay, where applicable.
• Explore alternatives such as postponing the start date or supporting redeployment options.

The outcome

Ultimately, our client chose to uphold the offer, guided by their company values and a deeper understanding of the legal context. They implemented the recommended support measures, allowing the new employee time and space to transition into their role.

This situation served as a powerful reminder of the human element at the heart of every HR decision. By balancing empathy with legal clarity, we helped our client navigate a difficult moment with confidence and care.

How SafeHR can help

Whether it’s managing onboarding challenges, complex employee relations, or sensitive workplace matters, SafeHR is here to support your business every step of the way. Our expert team offers practical advice, compliant processes, and the tools you need to make confident HR decisions, even in the most challenging circumstances.

Looking for more practical guidance?

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