Can I make a job offer conditional – for example, on taking up references or a medical?
Yes, this would be advisable. Otherwise you will be bound by the contract even if the reference is unsatisfactory and will have to give full notice to terminate. Be careful that your requirements are not discriminatory, particularly as regards the medical evidence, otherwise you could fall foul of the disability discrimination legislation. You must ensure that the level of fitness required is not in excess of the requirements of the job, and if you are thinking of taking on someone who has a physical or mental impairment that may amount to a disability, consider the issue of ‘reasonable adjustments’ under the Disability Discrimination Act. Note, too, that the ‘default’ retirement age for all employees (both men and women) is now 65 – which means that it is illegal to require anyone to retire earlier, unless you can show why early retirement for all employees doing this work is appropriate or necessary. The ‘default’ age itself is being challenged before the European Court (the ‘Heyday’
