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Is a Job Advert Legally Binding?

Many employers stress over writing online job adverts, feeling obliged to cover every small aspect of the employee’s role and responsibilities. The details in a job advert are not generally considered to be legally binding. The details in a job advert may only carry legal weight or be considered at an employment tribunal in the absence of an employment contract or a more detailed job description.

An employer is legally required to provide an employee with their written statement of employment particulars within two calendar months of their start date, on this basis then the job advert will carry limited legal weight. In terms of the duties, every employment contract (even an unwritten one) is deemed to contain an implied term that the employee will be reasonably adaptable, which of itself is normally sufficient to cover minor changes in duties or manner of working. 

Job adverts should create desire and interest. A good job advert is about attracting the best possible talent to a business. A well-written advert will help to attract the most suitable candidates in a competitive marketplace. An advert needn’t be extremely detailed, particularly for entry-level positions. An outline of the skills and experience you are looking for and a brief but concise overview of the role and responsibilities is sufficient.

It is more important that the advert resonates with the type of applicant you are trying to attract. That said, a job advert or a job title should not be misleading or vague. And, of course, job adverts should as a minimum be clear about the type of position offered, if it is temporary or permanent, and where the applicant will be based. Adding a salary or salary range will increase the number of applications – many applicants will be put off making an application where no salary information is provided.

If you would like to discuss how Ortolan People can help you write compelling job adverts, helping you to recruit the best candidates, contact us on 020 3743 0600 or email

Posted on 3 January, 2018 by Ortolan

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Wandle engaged Ortolan People to design and deliver an assessment centre to support an organisational restructuring we were undertaking in early 2016. From the outset we were impressed by the intelligent and responsive approach Ortolan took to this assignment. They designed a bespoke set of exercises to address our specific requirements and put together all of the elements we needed to enable them to deliver the assessment centre exactly as Wandle required. Their team were professional, always helpful and extremely responsive and they integrated seamlessly with me and my colleagues. It was exactly what we had hoped for and I would have no hesitation in recommending Ortolan to anyone who needs this type of service. They know what they are doing and deliver at a price point which feels like real value for money.

Debbie Chun, Senior Operations Manager, Wandle
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