Salary confirmed in writing but employer claiming mistake

getmore4less

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...

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?

What were you working before maternity?

if you were working 35(as you seem to be saying) and were getting paid for 37.5 I would be careful how far you push this.

Denning.

It is quite difficult for employers to claw back overpayments which aren't glaringly obvious.

Bluebird19_2

I was working roughly 8/9am-6pm purely due to workload before mat leave so never considered contractual hours (which were changed as I used to be on a 35 hour contract). Of course now I do not have that flexibility now with childcare. The thing is even now that I'm part-time I work through lunch most days to be as efficient as possible since I have to leave at a set time. Hopefully that can be the compromise that my employer and I can come to. Thanks everyone for your help.

Bluebird19_2

Also to the point about accountability... Of course I should know my hours but during my KIT day meeting, I expressed to HR that the only change I wanted to make was to drop one day and bring my hours forward for the 4 days I would work. As I always worked more hours than contracted before going on mat leave, I didn't realize that HR made a mistake of chopping 30 minutes off each day! I expressed that I had budgeted for 80% of my pre- mat leave salary and we took it from there. Funnily enough that HR person has since left the company...

Takeaway_Addict

Bluebird19 wrote: »

Also to the point about accountability... Of course I should know my hours but during my KIT day meeting, I expressed to HR that the only change I wanted to make was to drop one day and bring my hours forward for the 4 days I would work. As I always worked more hours than contracted before going on mat leave, I didn't realize that HR made a mistake of chopping 30 minutes off each day! I expressed that I had budgeted for 80% of my pre- mat leave salary and we took it from there. Funnily enough that HR person has since left the company...

The HR person leaving is probably a bonus for you as you could play on the confusion a bit more.

You haven't answered my previous question, are you earning at £40 an hour?

jobbingmusician

Bluebird19 wrote: »

Also to the point about accountability... Of course I should know my hours but during my KIT day meeting, I expressed to HR that the only change I wanted to make was to drop one day and bring my hours forward for the 4 days I would work. As I always worked more hours than contracted before going on mat leave, I didn't realize that HR made a mistake of chopping 30 minutes off each day! I expressed that I had budgeted for 80% of my pre- mat leave salary and we took it from there. Funnily enough that HR person has since left the company...

So there's another negotiating point (and I agree it's likely to help that you're dealing with a new person). By the way, did you request the cut in hours in writing/email? If so, what did you request? Hopefully somewhere 80%, or a reduction to 4 days, is written down!