The Price of a Conditional Job Offer: Kankanalapalli v Loesche Energy Systems

Can you withdraw a job offer once it’s been accepted? Lessons from Kankanalapalli v Loesche Energy Systems LTD.

In this episode of The BDBF Podcast, partners Paula Chan and Gareth Brahams discuss the recent Employment Appeal Tribunal decision in Kankanalapalli v Loesche Energy Systems Ltd.

This case explores what "reasonable notice" means when a job offer is withdrawn after a contract is formed but before the first day of work and draws out the key distinction between “conditions precedent” and “conditions subsequent”.

Listeners will gain insights into:

• The factual background and the EAT’s decision in Kankanalapalli v Loesche Energy Systems.
• The crucial distinction between conditions "precedent" and conditions "subsequent."
• Why statutory minimum notice periods do not act as a ceiling for "reasonable notice."
• The risks of resigning from a current role before a new contract is fully signed and documented.
• Practical steps for employers to manage offer withdrawals and notice obligations.
• Best practices for candidates navigating the gap between offer acceptance and their start date.

For employment lawyers and HR leaders, this is a tactical guide to managing the "resignation gap" and avoiding a pre-employment notice trap.

Disclaimer: Views of external guest speakers do not represent those of BDBF.

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Paula Chan

https://www.linkedin.com/in/paulachan/

Specialist employment lawyer advising senior executives, partners, and employers, with experience in high-profile employee exits and significant disputes involving whistleblowing, breach of contract, and workplace discrimination.

Gareth Brahams

linkedin.com/in/garethbrahams

Employment lawyer who has fought and won some of the biggest cases in whistleblowing, discrimination, restrictive covenants and stress at work claims.