Error in work contract, already signed - Where do I stand?

IntriguedUser

agrinnall wrote: »

Because you have been there such a short time your options are limited. 1) Accept the lower salary. 2) Argue your case for the higher salary (or a compromise amount) and win. 3) Argue your case and get sacked. 4) Find another job and leave. 5) Leave without finding another job, but you probably will face a JSA sanction.

I've been at the company for 5 months, however it's the exact same job role, just with a new head company?

Prothet_of_Doom

Look on it as a change in the Terms and conditions of employment.

You are free to NOT accept it, by taking redundancy. For which you will get zilch.

I'd go in to negotiation mode, suggest that you wouldn't EVER have accepted a permanent job at that low rate, and you'd turned down interviews because of the contract they sent you, pile it on thick about how you can't afford it.

Or I'd suck it up for 6 months whilst looking for a better job.

LittleVoice

You don't say what they are actually offering only that it is £12,XXX.
So I'll make a few assumptions
annual salary £12,500
hours/week 37.5
That equates to £6.15/hour, not the current adult NMW.

What are the real figures for annual salary and hours/week?
How old are you?

zzzLazyDaisy

IntriguedUser wrote: »

I've been at the company for 5 months, however it's the exact same job role, just with a new head company?

This is your problem.

The company can reduce your salary. The legal position is that if they have made a genuine mistake in the contract and it gives you a higher salary than that was advertised and which you knew about when you accepted the job, then that is simply an error of fact to be rectified and you have no come-back at all.

If they advertised the job at a higher salary, which you accepted, gave you the contract, which you signed, and are now saying that a mistake has been made, then yes they can still reduce the salary. In theory that is a breach of contract, but your remedies are extremely limited.

1 the only obligation on the employer would be to give you contractual notice of the change, so if your contract provides for 1 weeks notice, all they have to do is pay you for that week at the higher rate, and then drop the rate.

2 if you continue to work under the new contract, then you are deemed by your conduct to have accepted the change.

3 If you don't want to accept the change you can resign and claim breach of contract in the tribunal (or small claims court) but there are fees for both avenues and damages would be limited to the difference between your current salary and the lower salary for the duration of the notice period - which makes in financially not viable

4 Your biggest problem is that within your first 2 years of employment your employer can dismiss you without giving a reason and you have no legal right of redress at all (as long as the dismissal is not for a 'protected characteristic' under the Equality Act). What this means in reality is that if you make a fuss about this, the employer can just terminate your employment and there is nothing you can do about it.

Sorry, I agree it all seems very unfair, but it is important that you understand the position.

EDIT - just to be clear - was your employment transferred under TUPE and if so, what date did you start the temporary contract (if it was on or after 6th April 2012, my comments at Para 4 about being dismissed for no reason still stand)

falko89

Southend1 wrote: »

Not sure this is right. You could sue for breach of contract or perhaps go to tribunal for unlawful deductions.

Problem is you can only claim for the money they already should have paid as they will probably just sack you if you make a fuss over it.

I pretty sure the cost of a tribunal now would make it pointless.

LittleVoice

"Sales Advisor" - is that what your title was when earning £7.21/hour?

Your £7.21/hour is closer to the £12,XXX salary than it is to the £17,627 one. Were you delighted to receive the big salary increase?

IntriguedUser

AP007 wrote: »

OP lets get this right the contact you dinged says £17,627.59?

You are now told its wrong and its only going to be £12k ???

Yes, correct.

arbroath_lass

So how much was the salary offered BEFORE you were given the contract to sign? Did they offer you a job at £12,000 then you saw the contract and thought wayhay (knowing it was likely an error)! Or did they actually offer you the £17,627.59?

IntriguedUser

arbroath_lass wrote: »

So how much was the salary offered BEFORE you were given the contract to sign? Did they offer you a job at £12,000 then you saw the contract and thought wayhay (knowing it was likely an error)! Or did they actually offer you the £17,627.59?

There was nothing offered before the £17,627.59

That was the first offer with the new company who have taken over.

zzzLazyDaisy

OP you need to answer this question as it could have an impact on the advice given.

just to be clear - was your employment transferred under TUPE and if so, what date did you start the temporary contract

In other words, were you an actual employee of the company you were working for on a temporary basis (ie you were not an agency worker or supply staff), and was it the company that you were employed by that was taken over by this new company?

Also, following on from that - what was your salary under the temporary contract, and is the permanent contract you were offered significantly different from the job you were doing as a temporary member of staff?

We need these answers in order to know what legal scenario we are dealing with.