Does my employer have a legal obligation to honour my contract?

inglorius

I started working for a new company in November, 2008 and accepted the post on the basis of their contract of employment which they sent to me. This stated terms and conditions of my employment such as salary, holiday entitlement etc.

Some 3 months into this new role I was informed that the company had made 2 errors in my contract when it was issued; firstly my holidays should have been 25 days PRO RATA, but the words pro rata were missed out, and secondly my first salary review date was stated as April 2009, however I was told that this was again an error and should have said April 2010.

When I was told of these facts that due to "a mistake" I was now going to receive only 19 days holiday instead of the stated 25 days and miss a salary review, I was not impressed to say the least. I asked my line manager to honour the contract, as I had signed it at the time in good faith. I was told that this was not going to happen, and if I wished to pursue it I would be seen as a "troublemaker" and a "non-team player" and was issued with other thinly veiled threats. As I was only 3 months into my employment there, I decided that I had no choice but to let the matters drop.

I have now been in employment with the company for over a year and so feel in a stronger position than before, I am still very aggrieved about my treatment regards my contract being not honoured, and wanted advice as to if I formally pursue these matters through the grievance procedure, whether I stand a chance of winning? I do not want to create a stink if I have no recourse, but am in naive in believing that my contract of employment has to be honoured by my employer unless they give me written notification of changes (which they have not)?

Any advise gratefully received

J

zzzLazyDaisy

Did you formally put your complaint/objection to them in writing at the time? Did you start a grievance or at least write to your employer along the lines of 'I wish to make it clear that I object to these changes to my contract and the fact that I am continuing to work under my contract, should not be taken as acceptance of these changes to my T&C's'?

The chances are that, unless you sought the advice of ACAS/CAB/solicitor at the time, you probably didn;t do this (and in any case, from what you say, you din't want to rock the boat).

Your problem now is that by continuing to work under the new amended terms and conditions of contract without raising a formal objection, and without doing anything about it for all this time, you are deemed to have accepted the changes to your contract by your conduct in continuing to work under the new contract.

paulwf

Did the original 25 days holiday include bank holidays? If so it would have been amended anyway as the legal minimum is now 28 days before pro-rata.

By the time a complaint about a pay review will be processed it will be time for your pay review.

Obviously it is your job and you know what is the best action to take. Personally after leaving it all this time I would now focus on getting the best deal at the next pay review.