Discrepancy between offer letter and contract. Which takes precedence?

all_greek_to_me
all_greek_to_me Posts: 126 Forumite
My offer letter, issued in August 2016 and signed by me shortly afterwards, states:

"The post is for 18.75 hours per week (plus weekend work), your usual days of work will be every Monday and Tuesday 8.45am to 5.15pm with half an hour lunch break and alternate Fridays 11.45am to 5.15pm. On occasions there may be a requirement to vary the working pattern to meet operational needs. Your days and times of work will be agreed with your Line Manager."

I started work in September 2016, to this pattern, but was not included on the weekend rota and have not worked at weekends.

In October, I received a contract (or "Statement of Written Particulars in accordance with Employment Rights Act 1996"). It states:

"Your normal working week is one of 18.75 hours. Working patterns will be determined by your line manager." "You will not normally be expected to work outside your contracted hours."

I have just been issued with a weekend rota for the period April to September. Of the 27 weekends, I am rostered to work 15 of them.

Am I right in thinking that there's a discrepancy between the offer letter and the contract? And, if so, which takes precedence? Am I obliged to work weekends? I have a disabled son, an elderly mother who lives with us and a partner who definitely is contractually obliged to work at weekends, so I'd prefer to do all of my hours (plus voluntary weekday overtime, which I'm often needed for) during the week.

Thanks,
all_greek_to_me

Comments

  • Alter_ego
    Alter_ego Posts: 3,842 Forumite
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    I started work in September 2017


    Really? Seriously though, your contract will take precedence if you sign it.
    I am not a cat (But my friend is)
  • Thanks, Alter ego. I neglected to mention my time-travelling expertise.
    Alter_ego wrote: »



    I started work in September 2017


    Really? Seriously though, your contract will take precedence if you sign it.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Name Dropper First Anniversary First Post I've helped Parliament
    edited 24 March 2017 at 10:16PM
    send the particulars back pointing out the errors,

    The offer that you agreed to stands until they force the change on you.


    seems the rota is within the terms anyway you need to exercise this clause and disagree with the line manager but then operational needs probably trump that...

    On occasions there may be a requirement to vary the working pattern to meet operational needs. Your days and times of work will be agreed with your Line Manager.
  • TELLIT01
    TELLIT01 Posts: 16,453 Forumite
    First Anniversary First Post Name Dropper PPI Party Pooper
    I can't see that the OP has many grounds, if any, for refusal to work weekends. The letter stated that weekend working was a probability, and the contract stated that working patterns will be decided by the manager.
    If the original contract hadn't mentioned weekends, just Monday, Tuesday & Friday, the OP might have had a stronger case to argue.
    Either way, they are in a weak position with less than 2 years employment.
  • sangie595
    sangie595 Posts: 6,092 Forumite
    What takes precedence is the ease with which you can be dismissed.
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