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Withdrawing a job offer can cost you more than you think

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Withdrawing a job offer can cost you more than you think

Many employers assume that withdrawing a job offer before someone starts work is a low-risk decision.

A recent Employment Appeal Tribunal ruling suggests otherwise. It held that the withdrawal of a conditional job offer amounted to a breach of contract, even though the employee had not actually started work, and that the financial consequences can be significant.

The case of Kankanalapalli v Loesche Energy Systems Ltd is a timely reminder that a job offer, even one labelled “conditional”, can amount to a binding contract the moment a candidate accepts it.

What happened?

A candidate was offered a role as a project manager, subject to satisfactory references, a right to work check, and successful completion of a six-month probationary period. The offer letter referred to key terms such as salary and a start date, but it did not mention a notice period. The employer also agreed to contribute towards relocation costs.

The candidate accepted the offer by email and completed the new-starter paperwork, including providing referee details and the required right to work documents.

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A few weeks later, the employer withdrew the job offer because of delays in the project. The candidate brought a claim for breach of contract, citing the withdrawal of the offer and failure to pay any notice pay.

What did the Employment Tribunal and EAT decide?

The Employment Tribunal dismissed the claim. It held that the job offer was conditional and that the employer had not yet received references or completed the right to work checks (which required original documents). The contract had therefore not been formed.

The EAT disagreed. The key question was the nature of the conditions attached to the offer and whether they were:

  • “Conditions precedent”, that is, conditions that must be satisfied before any contract is formed) or
  • “Conditions subsequent”: whereby acceptance of an offer gives rise to a binding contract, but if the conditions are not satisfied, the contract terminates.

The conditions were grouped together in the offer letter, and one (passing the probationary period) could only be satisfied after employment began. As there had been no attempt to differentiate between the different conditions, this prevented the EAT from finding that they could be conditions precedent.

The offer letter included the key terms, both parties had treated the contract as binding, and the employer had started the onboarding process. Consequently, the employer did not have an unrestricted right to withdraw the offer for reasons unrelated to the conditions subsequent.

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Finally, as the offer letter was silent on notice, the EAT had to imply a reasonable notice period. Taking into account the role’s seniority, the relocation requirement, and the lengthy interview process, it was concluded that three months’ notice would be a reasonable period, which the employer was required to pay.

What does this mean for your business?

The case highlights several practical steps employers should take when making job offers:

  1. Labelling an offer “conditional” is not enough on its own and will not prevent a binding contract from forming or a breach of contract if the job offer is withdrawn. If you intend certain conditions to be met before a contract exists, those conditions need to be clearly spelled out, with pre-contract conditions listed separately from post-start conditions, such as probation.
  2. Always include a notice period in the offer letter, covering both the probationary period and the post-probation standard notice period after probation has been successfully completed. If you don’t, the Employment Tribunal will imply one, and it may be longer than you’d expect.
  3. Before withdrawing any offer, take legal advice to ascertain whether the job offer was conditional or unconditional. Depending on the seniority of the role and the implied or stated notice period, a successful breach of contract claim can mean significant compensation as well as considerable management time.
  4. Finally, it’s worth reviewing your current offer letter templates to ensure key terms are included and that the conditional nature of any offer is clearly and correctly expressed.

A little extra care at the offer stage is far less costly than defending a claim if a job offer is withdrawn.


Hannah Waterworth

Hannah Waterworth

Hannah Waterworth is an employment solicitor in Blake Morgan’s Employment, Pensions, Benefits and Immigration team.

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How the Iran Oil Shock Disrupts Regional Supply Chains

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How the Iran Oil Shock Disrupts Regional Supply Chains

Asia is in the grip of a deepening plastics emergency as the Iran oil shock chokes off supplies of a critical petrochemical feedstock, sending packaging prices soaring and raising alarm across food, medical, and consumer goods industries from Indonesia to Japan.

Key takeaways

  • Asia imports around 70% of its naphtha from the Middle East, and the Strait of Hormuz closure has nearly doubled prices, sending plastic resin costs up as much as 59% and threatening production shutdowns across the region.
  • The shortage is hitting everyday goods and medical supplies simultaneously, with food packaging, beverage containers, and hospital plastics such as syringes and IV bags all affected across Indonesia, Japan, South Korea, and beyond.
  • Governments have responded with emergency tariff suspensions and export bans on naphtha, while recycled plastic prices have quadrupled from $400 to $1,600 per ton as manufacturers scramble for alternatives.

At the heart of the crisis is naphtha, a petroleum derivative and essential building block for the polymers that underpin virtually all modern plastic packaging.

The closure of the Strait of Hormuz following U.S. and Israeli airstrikes on Iran in late February has dramatically curtailed the region’s access to that raw material.

The price of naphtha in Asia has nearly doubled since the conflict began, while prices for plastic resins have climbed as much as 59% to record highs.

On the ground in Jakarta, the crisis is already palpable. At Toko Durga Plastik, a packaging retailer in the Indonesian capital, daily sales have fallen by almost half over the past month.

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A sign at the entrance warns customers of “skyrocketing” prices. “Sourcing supplies is impossible because the stock is limited,” said Arif, a worker at the shop. Indonesia imports virtually all of its naphtha, the overwhelming majority of which previously arrived from the Middle East. Suppliers have warned plastics producers they may have to suspend operations entirely.

From Food Stalls to Hospital Wards

The disruption is not confined to Indonesia. Asia imports around 70% of its naphtha from the Middle East, and the shockwaves are being felt across the region.

In Japan, fears are mounting that patients with chronic kidney failure will struggle to access the plastic medical tubes used in hemodialysis. In South Korea, health regulators launched a nationwide probe into hoarding of syringes, needles and gloves, and Seoul imposed an export ban on naphtha to protect domestic supply.

Taiwan saw plastic goods prices surge as much as 40%, while Malaysia’s Farm Fresh dairy brand said a shortage of PET resin caused its milk cartons to vanish from supermarket shelves. In India, prices for plastic bottle caps have quadrupled since the war started.

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“This spills into everything very, very quickly: beer, noodles, chips, toys, cosmetics,” said Dan Martin, co-head of business intelligence at advisory firm Dezan Shira and Associates.

Experts warn the burden will fall hardest on smaller enterprises. “Large firms typically have access to tools such as hedging, long-term contracts, and inventory buffers. Most smaller manufacturers do not,” said Chen Ping-Kuo, a professor of industrial engineering at Japan’s Ritsumeikan Asia Pacific University. He cautioned that the disruption will “move quickly through supply chains,” given Asia’s deep dependence on plastic across virtually every industry.

No Easy Exit

Governments across the region are responding with emergency tariff suspensions and efforts to diversify supply sources. At the same time, manufacturers of paper, bamboo and recycled packaging are reporting unexpected windfalls as companies scramble for alternatives. The price of recycled plastics has jumped from around $400 per ton before the crisis to $1,600 per ton today.

The IMF has warned that for affected economies, “all roads lead to higher prices and slower growth.” With no resolution to the Strait of Hormuz closure in sight, analysts warn the worst may be yet to come.

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Saudi Aramco Sees Oil Market Losing 100 Million Barrels a Week if Hormuz Remains Closed

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Alphabet Is Selling 100-Year Debt as Part of a Big Bond Sale

Saudi Aramco Sees Oil Market Losing 100 Million Barrels a Week if Hormuz Remains Closed

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Kopin Corporation (KOPN) Q1 2026 Earnings Call Transcript

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OneWater Marine Inc. (ONEW) Q1 2026 Earnings Call Transcript

Operator

Good morning, everyone, and welcome to the Kopin Corporation First Quarter 2026 Earnings Conference Call. [Operator Instructions]

This conference is being recorded today, and the earnings press release accompanying this conference call was issued earlier today. Before we get started, I’d like to remind everyone that during today’s call, we will be making forward-looking statements as defined in the Private Securities Litigation Reform Act of 1995. These statements are based on the company’s current expectations, projections, beliefs and estimates and are subject to a number of risks and uncertainties that cause actual results to differ materially from those forward-looking statements.

Potential risks include, but are not limited to, demand for our products, operating results of our subsidiaries, market conditions and other factors discussed in our most recent annual report on Form 10-K and other documents filed with the Securities and Exchange Commission.

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Although the company believes that the assumptions underlying these statements are reasonable, any of them can be proven inaccurate, and there can be no assurances that the results will be realized. The company undertakes no obligation to update the forward-looking statements made during today’s call.

Kopin Corporation’s Chief Executive Officer, Michael Murray, will begin today’s call with an overview of Kopin’s strategic progress and business developments during the first quarter and the period that has followed. Following Michael, Kopin’s CFO, Erich Manz, will review the company’s first quarter

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This Car Company Doesn’t Fear China

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This Car Company Doesn’t Fear China

This Car Company Doesn’t Fear China

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LifeStance Health Group completes offering of 35 million shares by selling stockholders

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LifeStance Health Group completes offering of 35 million shares by selling stockholders

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Yindjibarndi CEO Michael Woodley responds to $150m Fortescue compensation order

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Yindjibarndi CEO Michael Woodley responds to $150m Fortescue compensation order

The boss of a Pilbara native title group has hailed a landmark compensation verdict as a win for Indigenous rights, while expressing disappointment at other elements of the judgement.

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Karman Space & Defense posts in-line Q1 earnings per share, revenue beat; Shares fall 4%

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Karman Space & Defense posts in-line Q1 earnings per share, revenue beat; Shares fall 4%

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Gold, housing plays take a hit as PM Modi’s austerity pitch rattles consumer-facing stocks

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Gold, housing plays take a hit as PM Modi's austerity pitch rattles consumer-facing stocks
Shares of jewellery makers and real estate developers came under sharp selling pressure on Monday after Prime Minister Narendra Modi called for a year of financial restraint, urging citizens to postpone gold purchases and reduce discretionary travel as India grapples with elevated energy costs and geopolitical uncertainty.

The comments, made during a public address in Secunderabad, triggered an immediate market reaction in sectors closely linked to household spending.

Among jewellery stocks, Titan Company Limited fell nearly 4%, Kalyan Jewellers India Limited dropped around 6%, while Senco Gold Limited also declined about 6% during intraday trade.

Real estate counters were also under pressure after Modi advised citizens to work from home wherever possible to help reduce fuel consumption amid the ongoing West Asia conflict and rising crude prices. Brigade Enterprises fell nearly 4%, Prestige Estates dropped about 5%, while Puravankara slipped close to 2%.

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Modi’s remarks struck a sensitive chord in India, where gold is not just an investment product but deeply tied to weddings, festivals, family savings and inter-generational wealth. Any signal that could potentially affect household spending patterns tends to quickly reflect in listed consumer-facing businesses.


The market reaction also came at a time when gold prices remain near record highs and crude oil continues to trade above $100 a barrel, raising concerns around inflation, import costs and consumer purchasing power.
Ponmudi R, CEO of Enrich Money, said the immediate selloff reflects sentiment rather than a structural demand concern.”Such comments can create short-term pressure on jewellery stocks because investors start pricing in possible moderation in festive or wedding demand. But Indian gold buying is deeply cultural and emotionally driven, so the risk of a prolonged demand destruction remains limited,” he said.

Ponmudi added that organised jewellery players could continue gaining market share even if overall demand slows temporarily, as consumers increasingly prefer trusted brands and transparent pricing.

Analysts also pointed out that the real estate selloff appears more sentiment-driven than fundamental. Work-from-home adoption can influence commercial mobility and near-term housing sentiment, but India’s residential demand continues to be supported by urbanisation, income growth and supply discipline in key markets.

(Disclaimer: Recommendations, suggestions, views, and opinions given by experts are their own. These do not represent the views of the Economic Times)

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Water firm fined after customers' details hacked

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Water firm fined after customers' details hacked

The hack went undetected by the Staffordshire firm for 20 months, regulator says.

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Ingredion impacted by sweetener processing issues

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