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Started new Job, just got contract not what agreed to advice needed

24

Comments

  • Comms69
    Comms69 Posts: 14,229 Forumite
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    jonnygee2 said:
    Also whats the point on a contract if a employer can do what they want. Doesnt that defeat the point of having a contract.

    Employers cannot do 'whatever they please' in the first two years. It's just a misleading statement / myth that persists on these boards. There are additional protections that come into force after two years, but employment contracts are still valid contracts and there are other laws (equality act, Health and Safety, whistle blowing) that employers still have to follow.

    They can dismiss you if you complain, though - with notice as per contract. 

    The long and short of it is that the OP is being told these are what we are now offering; accept it or leave. 
  • Undervalued
    Undervalued Posts: 9,737 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 8 July 2020 at 2:17PM
    Mickey154 said:
    Comms69 I dont mean to be rude but please dont reply if you cant give helpful advice. 

    If what your saying is true. Then your saying all employers are allowed to lie and for example advertise a jobs as £40000 a year and then only pay you £5000 a year. If that so how can any one trust  job ads or apply for any job if it's all lies.
    Also whats the point on a contract if a employer can do what they want. Doesnt that defeat the point of having a contract.

    Yes and no.

    A contract was formed, regardless of whether they got round to issuing a shhet of paper with the word contract on it.

    If you have evidence of what was agreed you could almost certainly hold them to that for the time you have already worked and indeed for your notice period if, as I imagine they would, you are given notice.

    You might be able to make a claim for at least the 80% furlough during the lock down period. With less than two years service they could have dismissed you but it seems they didn't?

    You cannot stop them from dismissing you now (with notice) if you don't agree to the new terms so it may come down to future work on these terms or potentially a claim for what you should have had so far but no future job.

  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Mickey154 said:
    Comms69 I dont mean to be rude but please dont reply if you cant give helpful advice. 

    If what your saying is true. Then your saying all employers are allowed to lie and for example advertise a jobs as £40000 a year and then only pay you £5000 a year. If that so how can any one trust  job ads or apply for any job if it's all lies.
    Also whats the point on a contract if a employer can do what they want. Doesnt that defeat the point of having a contract.

    Yes and no.
    If you have evidence of what was agreed you could almost certainly hold them to that for the time you have already worked and indeed for your notice period if, as I imagine they would, you are given notice.

    You might be able to make a claim for at least the 80% furlough during the lock down period. With less than two years service they could have dismissed you but it seems they didn't?

    You cannot stop them from dismissing you now (with notice) if you don't agree to the new terms so it may come down to future work on these terms or potentially a claim for what you should have had so far but no future job.

    And in the current market that's a pretty bleak outlook
  • elsien
    elsien Posts: 36,449 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 8 July 2020 at 3:04PM
    Mickey154 said:
    Little voice. When I agreed to accept job there was no mention of how many hours I would work a week. It was meant to be a yearly salary paid monthly so same amount each month. So amount of hours did not come Into it as was not going to be paid by the hour.
    But would be happy to work 48hrs a week or more if have to. Not afraid of hard work.
    Also contract they have given me to sign says I started on 16th March 2020.
    The amount of hours always comes into it, in the situation you describe. 
    A contract for 30K a year for a 40 hour week is very different to 30K a year for a part time 16 hours a week job.
    How many hours you work for that wage is always part of the contract on an annual salary.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • Undervalued
    Undervalued Posts: 9,737 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Comms69 said:
    Mickey154 said:
    Comms69 I dont mean to be rude but please dont reply if you cant give helpful advice. 

    If what your saying is true. Then your saying all employers are allowed to lie and for example advertise a jobs as £40000 a year and then only pay you £5000 a year. If that so how can any one trust  job ads or apply for any job if it's all lies.
    Also whats the point on a contract if a employer can do what they want. Doesnt that defeat the point of having a contract.

    Yes and no.
    If you have evidence of what was agreed you could almost certainly hold them to that for the time you have already worked and indeed for your notice period if, as I imagine they would, you are given notice.

    You might be able to make a claim for at least the 80% furlough during the lock down period. With less than two years service they could have dismissed you but it seems they didn't?

    You cannot stop them from dismissing you now (with notice) if you don't agree to the new terms so it may come down to future work on these terms or potentially a claim for what you should have had so far but no future job.

    And in the current market that's a pretty bleak outlook
    So is a zero hour contract unless the OP genuinely believes the firm will regularly give him an adequate number of hours.
  • Marcon
    Marcon Posts: 14,896 Forumite
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    Mickey154 said:
    Comms69 I dont mean to be rude but please dont reply if you cant give helpful advice. 

    If what your saying is true. Then your saying all employers are allowed to lie and for example advertise a jobs as £40000 a year and then only pay you £5000 a year. If that so how can any one trust  job ads or apply for any job if it's all lies.
    Also whats the point on a contract if a employer can do what they want. Doesnt that defeat the point of having a contract.

    You might be able to make a claim for at least the 80% furlough during the lock down period. With less than two years service they could have dismissed you but it seems they didn't?


    There was no pay period on which to base furlough pay, so not sure how that could work?
    Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!  
  • TELLIT01
    TELLIT01 Posts: 18,173 Forumite
    Part of the Furniture 10,000 Posts Name Dropper PPI Party Pooper
    £12.50 per hour would require 46 hour average working week to achieve £30k per annum.  It would seem, on the face of it, that there has been a quantity of bovine excrement in the advert and/or the information provided at interview.  I would be looking for another job as I wouldn't feel I could ever trust  anything they said in the future.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Comms69 said:
    Mickey154 said:
    Comms69 I dont mean to be rude but please dont reply if you cant give helpful advice. 

    If what your saying is true. Then your saying all employers are allowed to lie and for example advertise a jobs as £40000 a year and then only pay you £5000 a year. If that so how can any one trust  job ads or apply for any job if it's all lies.
    Also whats the point on a contract if a employer can do what they want. Doesnt that defeat the point of having a contract.

    Yes and no.
    If you have evidence of what was agreed you could almost certainly hold them to that for the time you have already worked and indeed for your notice period if, as I imagine they would, you are given notice.

    You might be able to make a claim for at least the 80% furlough during the lock down period. With less than two years service they could have dismissed you but it seems they didn't?

    You cannot stop them from dismissing you now (with notice) if you don't agree to the new terms so it may come down to future work on these terms or potentially a claim for what you should have had so far but no future job.

    And in the current market that's a pretty bleak outlook
    So is a zero hour contract unless the OP genuinely believes the firm will regularly give him an adequate number of hours.
    So some work is worse than no work?
  • theoretica
    theoretica Posts: 12,691 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I find it entirely plausible that the employer intended to offer an annual salary as advertised, but no longer wish to do this due to covid etc.  Instead of being open about making the change (which as other posters have said they would have been able to force through) they are trying to hide behind just offering the new contract.  It's horrible for you, but there is nothing you can do to make them continue to employ you on what was initially discussed. 
    I wish you the best of luck finding something better.
    But a banker, engaged at enormous expense,
    Had the whole of their cash in his care.
    Lewis Carroll
  • AW618
    AW618 Posts: 242 Forumite
    100 Posts
    edited 8 July 2020 at 3:14PM
    Comms69 said:
    Comms69 said:
    Mickey154 said:
    Comms69 I dont mean to be rude but please dont reply if you cant give helpful advice. 

    If what your saying is true. Then your saying all employers are allowed to lie and for example advertise a jobs as £40000 a year and then only pay you £5000 a year. If that so how can any one trust  job ads or apply for any job if it's all lies.
    Also whats the point on a contract if a employer can do what they want. Doesnt that defeat the point of having a contract.

    Yes and no.
    If you have evidence of what was agreed you could almost certainly hold them to that for the time you have already worked and indeed for your notice period if, as I imagine they would, you are given notice.

    You might be able to make a claim for at least the 80% furlough during the lock down period. With less than two years service they could have dismissed you but it seems they didn't?

    You cannot stop them from dismissing you now (with notice) if you don't agree to the new terms so it may come down to future work on these terms or potentially a claim for what you should have had so far but no future job.

    And in the current market that's a pretty bleak outlook
    So is a zero hour contract unless the OP genuinely believes the firm will regularly give him an adequate number of hours.
    So some work is worse than no work?
    Your answers are entirely predicated on the assumption that the OP cannot get another job.  Knowing as little as you do of them, you cannot make that assumption, and if you are going to give answers based upon it you should say so explicitly.
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