Jurisdiction(s):
United Kingdom

EAT: ‘Subject to references/right to work’ were conditions subsequent; conditional offer formed contract; three months’ reasonable notice implied (Kankanalapalli v Loesche Energy Systems Ltd [2026] EAT 49)

Published on: 09 April 2026

Published by a LexisNexis Employment expert

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Article summary

Kankanalapalli v Loesche Energy Systems Ltd [2026] EAT 49 What was the background?

The claimant, Mr Kankanalapalli, received an offer of employment as a project manager from the respondent, Loesche Energy Systems Ltd, conditional upon 'satisfactory references', a 'right to work check', and completion of a probationary term. He accepted via email, finished onboarding paperwork, and supplied the requested details, but did not send back a signed copy of the offer. Prior to the agreed start date, the respondent rescinded the offer owing to a delay in its underpinning project. He issued a breach of contract claim in the Employment Tribunal, asserting that the respondent ended the contract without notice. The respondent contended that no binding contract had come into being because the conditions were unmet, or, in the alternative, that reasonable notice had been given. The Employment Tribunal rejected the claim, finding the conditions were precedent and that no contract existed; in the alternative, it determined that no notice was required on the particular facts presented...

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