Yes. A role can be offered subject to satisfactory reference checks. However, it is strongly advised that references should be checked before making an offer of employment. If an offer of employment is made and is subsequently withdrawn, an employee may have a legal claim. Problems often arise where a job offer is withdrawn when it becomes apparent during the reference check stage that an employee has been absent from work due to medical issues or that the employee has not been performing satisfactorily due to medical issues. If an offer is withdrawn in these circumstances, the employee may have an employment equality claim against the employer withdrawing the offer.
This article first appeared as part of Legal-Island’s employment law update service. Find out more: www.legal-island.ie