Withdrawing offer of employment to a nanny? Where would I stand?

[SkinnyDecaffGiraffe]

We've verbally and via email offered a childcare job to someone. For various reasons we may decide to withdraw this and go with someone else. It's not an issue with the original applicant.

We haven't signed a contract.

Where would we stand ? (other than feeling really shitty :-S)

Anyone?

My DH once had an offer of employment withdrawn; written offer etc. Looked into it as he'd turned down another job on the strength of the offer and found that there isn't any liability incurred if an employer withdraws a job offer before you start. Bit rubbish for the person involved but just tell her she's no longer required; sooner rather than later so she can get back to jobhunting.

If you haven't given her a contract yet then nothing is legally binding just yet - EXCEPT if there is any evidence that the withdrawal of job offer is based on any discrimination (you haven't said why so this may be completely irrelevant) - however, if the person you made the job offer to has any disability, or is pregnant, or has any other "protected characteristic", they could sue you by alleging the job offer was withdrawn on the basis of such a thing. If any such thing exists, they would be able to make a strong case that they were the best candidate for the job but the job offer was withdrawn due to discrimination, and it would be very difficult for you to prove that it was for a different reason. (I'm not accusing you of this! I have no knowledge of the actual situation, this is just something to be cautious of)

There doesn't have to be a written contract for there to be a contract. An employer isn't obliged to issue a written contract until 2 months of employment have passed but that doesn't mean there is no contractual relationship between the parties.

When an offer is made and accepted, a contract is formed, and unless you have placed specific conditions on it which are not met, withdrawing it is a breach of that contract, and she could technically sue you for losses incurred as a result of the breach, ie her notice pay. If she hasn't resigned yet or is able to withdraw her resignation then her losses would be less.

It's unlikely she would do so, but I would advise paying her her notice period. Obviously it's morally the right thing to do as well so I imagine you already plan to do that? Has she resigned from an existing post?

Thanks.
Her current position had come to an end anyway so she hasn't resigned.

She also hasn't accepted anything in writing.

Reason for the change - if we make it - is that the other person is known to my children and us. The offered candidate is not. That is the only reason.

Has she accepted at all? If she's going to be jobless through no fault of her own as a result of you changing your mind you should morally pay her her notice but if you don't want to and its been radio silence since the offer was made you are in a better position to withdraw it without giving her anything.