Paid less by Local Council than agreed via email

Jackboy

Hi,

I work for the local council and was recently asked to work as a Presiding Officer at the local elections.

The email detailed payment along with other terms. There was an agreement form attached which I signed and returned.

On the day of the election I completed the 'invoice' for myself and the 2 Poll Clerks that were also working on the day. The invoice was prepared by the Council and the figures were less than that we all agreed to on the email invitation. I queried this with the Elections manager on the day but didn't receive a reply. I changed the figures on the invoices to reflect the email and made reference to the email.

I received payment for day yesterday and it is at the lower rate (£46 less for me, £30 less for each of the Poll Clerks). I have queried this with the Elections office who have replied saying that as I only had 1 ballot paper to issue (some Polling Stations had 2) that was all I was entitled to and the email was incorrect.

I have replied saying that the email formed a contract that we both entered into and that at no point prior to the election or since have we been informed about the lower rate. 

This will affect a number of Polling Clerks and Presiding Officers that worked that day.

Am I correct in saying that the email formed a contract? Does anyone have any advice?

Thank you

Dazed_and_C0nfused

Are you interested in doing this work again in the future?

Jackboy

Dazed_and_C0nfused said:

Are you interested in doing this work again in the future?

Not if this is how they operate, no. If they can change terms / payment as and when they like I'd be surprised if they will get anyone to work it again.

Jillanddy

It's an extremely grey area - employers do make mistakes,  and they are allowed to correct mistakes,  even if that relates to pay. Given that you "changed" the figures prepared by the employer, it could be argued that they did in fact tell you what the actual pay rate is.  How far are you prepared to take this,  and would you be prepared to lose more money using small claims,  given that you might win or might lose? 

Marcon

Jackboy said:

Hi,

I work for the local council and was recently asked to work as a Presiding Officer at the local elections.

The email detailed payment along with other terms. There was an agreement form attached which I signed and returned.

On the day of the election I completed the 'invoice' for myself and the 2 Poll Clerks that were also working on the day. The invoice was prepared by the Council and the figures were less than that we all agreed to on the email invitation. I queried this with the Elections manager on the day but didn't receive a reply. I changed the figures on the invoices to reflect the email and made reference to the email.

I received payment for day yesterday and it is at the lower rate (£46 less for me, £30 less for each of the Poll Clerks). I have queried this with the Elections office who have replied saying that as I only had 1 ballot paper to issue (some Polling Stations had 2) that was all I was entitled to and the email was incorrect.

I have replied saying that the email formed a contract that we both entered into and that at no point prior to the election or since have we been informed about the lower rate. 

This will affect a number of Polling Clerks and Presiding Officers that worked that day.

Am I correct in saying that the email formed a contract? Does anyone have any advice?

Thank you

How many of the other Polling Clerks and Presiding Officers are prepared to join in with your complaint - and how many of them work for your local council, as you do (i.e. are they likely to be worried about their future careers as council employees)?

TELLIT01

If you have worked for the council for more than 2 years you will be better placed to kick up a fuss about it.  If not they could simply decide they no longer wish to employ you.  In your situation, if I had worked there for more than 2 years, I would make it known to my colleagues that the council reneged on the agreed payment and that they should confirm any payment promise, in writing , before taking on the work.

Ath_Wat

Jillanddy said:

It's an extremely grey area - employers do make mistakes,  and they are allowed to correct mistakes,  even if that relates to pay. Given that you "changed" the figures prepared by the employer, it could be argued that they did in fact tell you what the actual pay rate is.  How far are you prepared to take this,  and would you be prepared to lose more money using small claims,  given that you might win or might lose? 

I imagine it matters when on the day he saw the invoice; if it was after the work was done then it's not really changed the situation.

Jillanddy

Ath_Wat said:

Jillanddy said:

It's an extremely grey area - employers do make mistakes,  and they are allowed to correct mistakes,  even if that relates to pay. Given that you "changed" the figures prepared by the employer, it could be argued that they did in fact tell you what the actual pay rate is.  How far are you prepared to take this,  and would you be prepared to lose more money using small claims,  given that you might win or might lose? 

I imagine it matters when on the day he saw the invoice; if it was after the work was done then it's not really changed the situation.

But that does happen. Someone starts a job,  and the employer has made an error on the payscale. The employer corrects it after they have started work because it is only picked up at that point.  That may be permitted in law; mistakes happen and employers may be in a position to correct them. That's why it's a grey area. But short of raising and winning a grievance, it might be shortsighted to take one's employer to court over a one-off situation like this. 

Jackboy

Thanks everyone, I'll need to think about it a bit more then. I had hoped it would be a simple case of the email being a contract and they would just accept it.

TELLIT01

How would the council have reacted if people had walked out on the day because the rate of pay had been changed?  No Presiding Officer would have meant no polling station.  I think they are being very short sighted in their behaviour.

Ath_Wat

Jillanddy said:

Ath_Wat said:

Jillanddy said:

It's an extremely grey area - employers do make mistakes,  and they are allowed to correct mistakes,  even if that relates to pay. Given that you "changed" the figures prepared by the employer, it could be argued that they did in fact tell you what the actual pay rate is.  How far are you prepared to take this,  and would you be prepared to lose more money using small claims,  given that you might win or might lose? 

I imagine it matters when on the day he saw the invoice; if it was after the work was done then it's not really changed the situation.

But that does happen. Someone starts a job,  and the employer has made an error on the payscale. The employer corrects it after they have started work because it is only picked up at that point.  That may be permitted in law; mistakes happen and employers may be in a position to correct them. That's why it's a grey area. But short of raising and winning a grievance, it might be shortsighted to take one's employer to court over a one-off situation like this. 

Oh yes, I was just saying that if he received an invoice on the day  after the work was done, then that's no different than if he found out when he got paid. It doesn't change the situation.