Salary confirmed in writing but employer claiming mistake

Bluebird19_2

Help...

While on maternity leave last year, my employer agreed to me coming back 4 days a week. In Sept last year, I received a letter stating my new salary and confirmed this was based on working 28 hours over 4 days. Since then, I've made financial commitments (mortgage, childcare, partner going back part-time as well, etc).

Today (8 months later!) I got an email from HR saying that they made a mistake as they based the salary stated in the letter on 30 hours rather than 28 (essentially an extra half hour each day).

The difference isn't huge as you can imagine but as I said I was depending on the amount in my written and signed confirmation letter. Please help. Are they entitled to change my salary despite my written confirmation?

ohreally

Does the arithmetic support their assertion or not.

Undervalued

This would depend on the wording and exactly what was agreed.

If an hourly rate was never mentioned and is not the norm in your company then I think there is a good argument that a salary was agreed for the 28 hour week.

That said, is is easier than most people think for an employer to change your contract and even reduce your pay. Ultimately if they go down this route (and they may well not) your only option would be to resign and claim unfair dismissal. It would them be up to a tribunal to decide what is reasonable.

You also need to balance any technical "rights" with the effect it may have on your long term future in the company. Only you can judge how such an argument would be seen. In many places there would be no problem but in others it could mean your cards are well and truly marked.

specialboy

Were your old hours 35 per week and the new 28? is your new salary 4/5 ths of your old salary?

Takeaway_Addict

Could you offer to do an extra 30 minutes a day? If its a genuine mistake on their behalf and the maths stacks up then I think you'll find it hard to argue against the change.

EDIT: I have just re-read ur original thread, I would suggest you make sure their maths is correct and scrutinize it.

Bluebird19_2

Upon further investigation I've realised that my old contract states 37.5 hours. So yes I'm technically working a half hour less each day. Despite actually eating lunch at my desk every day and working the odd evening...

However, I genuinely didn't realise this as was assured by HR when I came in for my KIT day while on mat leave that my new salary would simply be 80% of my full-time salary. I then had it in writing so went ahead and made childcare arrangements and other major financial commitments. Who's right here?

Takeaway_Addict

Bluebird19 wrote: »

Upon further investigation I've realised that my old contract states 37.5 hours. So yes I'm technically working a half hour less each day. Despite actually eating lunch at my desk every day and working the odd evening...

Well don't in the future?

However, I genuinely didn't realise this as was assured by HR when I came in for my KIT day while on mat leave that my new salary would simply be 80% of my full-time salary. I then had it in writing so went ahead and made childcare arrangements and other major financial commitments. Who's right here?

The 80% would have been based on you working 4 x 7.5 days which would have been correct but you are asking for 4 x 7 days. It sounds like a genuine mistake and Undervalued has let you know your situation. You could fight it through a tribunal but this would cost you and ultimately there is no guarantee you would win over an honest mistake.

Denning.

I would hold fast and have a fall back of going to the correct wage moving forward.

They would struggle to force you to pay it back.

anamenottaken

So there was no payrise for employees while you were on maternity leave or since you returned.

Can you switch to 7.5 hour days? Perhaps by having a shorter lunch break.

Bluebird19_2

I wouldn't object to having a 30 min lunch break in writing since I'm already doing that. But thought legally I had to have an hour...?

Had a 2% pay rise while on mat leave, this had been worked into the numbers.

CKhalvashi

blondebubbles wrote: »

Your only legally entitled to a 20min break if working over 6 hours.

My work lets you choose whether to take 30 mins or an hour. I'm contracted to an hour but only take 30 mins to build flexi or leave half an hour earlier.

Legally so, but we'll pay you for 30, and if you only take 20, you're building up extra pay.

Our drivers (non-tacho) are paid for 30 minutes every 4 hours, with an extra 15 minutes every 8 (refuelling), so some companies are more lenient.

CK