Terms changed after verbally agreeing

Powapa

Hi all, I’ve been accepted for a promotion at work and during my interview was told the salary, roll on 2 weeks later and my director has pulled me in for a meeting to say they’ve made a mistake and my new salary will be lower than what I accepted it at.

The new lower salary doesn’t appeal to me to take on the extra responsibility’s and I’d rather stay doing what I’m doing but my current role has now been filled so I have no job to go back to and have to take this new promotion to keep a job.

My question is can my company legally change the terms of my salary after I accepted the new job at the salary I was verbally told? Surely if they are changing the salary after I’ve agreed to the job they need to give me the option of staying where I am or agreeing to the new salary.

Any help is much appreciated.

tightauldgit

Probably worth getting some expert advice - are you a member of a union or anything? 

To my mind, if you haven't signed the contract on the new role then you are still employed in the old role and if the company have already put someone in that role then they've messed up. At the very least you should be able to continue in your current role. 

As for the legality of changing the offer, no doubt there are technicalities but it sounds as if you had an unconditional offer albeit verbally? In which case I don't think the employer is able to later withdraw or change the offer. The only question might be if you have evidence to demonstrate the specifics of what was offered to you? 

Of course, outside the legalities, you need to consider the consequences of creating an issue - it certainly might not make you very popular. 

Undervalued

tightauldgit said:

Probably worth getting some expert advice - are you a member of a union or anything? 

To my mind, if you haven't signed the contract on the new role then you are still employed in the old role and if the company have already put someone in that role then they've messed up. At the very least you should be able to continue in your current role. 

As for the legality of changing the offer, no doubt there are technicalities but it sounds as if you had an unconditional offer albeit verbally? In which case I don't think the employer is able to later withdraw or change the offer. The only question might be if you have evidence to demonstrate the specifics of what was offered to you? 

Of course, outside the legalities, you need to consider the consequences of creating an issue - it certainly might not make you very popular. 

Very, very few things in English law have to be signed to be binding. In the vast majority of situations a verbal agreement is just as valid, although obviously harder to prove what was agreed.

I totally agree with your last sentence!

lincroft1710

If you have a figure in mind at which you would be happy to accept the promotion see if you can negotiate the director's revised offer up to this. Obviously explain why you believe the revised offer is insufficient.

theoretica

Powapa said:

Hi all, I’ve been accepted for a promotion at work and during my interview was told the salary, roll on 2 weeks later and my director has pulled me in for a meeting to say they’ve made a mistake and my new salary will be lower than what I accepted it at.

The new lower salary doesn’t appeal to me to take on the extra responsibility’s and I’d rather stay doing what I’m doing but my current role has now been filled so I have no job to go back to and have to take this new promotion to keep a job.

My question is can my company legally change the terms of my salary after I accepted the new job at the salary I was verbally told? Surely if they are changing the salary after I’ve agreed to the job they need to give me the option of staying where I am or agreeing to the new salary.

Any help is much appreciated.

Did they tell you that or is it your conclusion?  Did you give notice to your old job in any way other than accepting this new one?  It seems to me that they probably now have two people in your old role, you and the new person.