No contract

Thomas_Holding

Someone I know was offered a job in 2023

"“subject to contract” with employer name removed and subject to all pre-appointment checks being completed satisfactory (as appropriate) (ID, Right to work in the UK, Medical Fitness, Barred List, DBS, Qualifications, Professional Status and References"

They have been working there since 2023 but HR never bothered to give him a contract - he has been chasing them for 3 years.

Now they are saying we're not happy with your qualifications and want to cut your pay.

Is that legal?

I have worked with some useless HR departments but this is something special.

Tabieth

He does have a contact with them. He has worked / provided a service and in return he has been paid. That’s a contractual agreement right there.

What is meant when they say they aren’t happy with his qualifications?

Thomas_Holding

https://forums.moneysavingexpert.com/discussion/comment/81997456#Comment_81997456

My friend is qualified but not in the UK - the employer knew this 3 years ago but now they say they're not happy.

Ironically this is a job that requires foreign language skills and he is the only one whose language does not cause the client to laugh at times.

His English is so good that at times I have thought that he is English - you have to speak to him for hours and hours before you notice a mistake.

sheenas

as above the guy has a contract and has completed 2 years. He has not lied about the qualifications, so I don’t think there is much they can do legitimately.

LightFlare

As already stated - he does have a contract, albeit a verbal/implied one

With regards to the qualifications- are they saying they aren’t happy because the information he supplied was not correct/detailed enough OR because they didnt do their research for UK compatibility ?

Having only been there since 2023 his options and any potential payout would be minimal anyway

How much difference in pay is he looking at ?

(edit) - Is he in a union ?

MyRealNameToo

There is no legal requirement for a written contract of employment, irrespective if one is given or not a contract exists.

There is a legal requirement for a written statement of particulars to be given no later than the end of day 1 that covers the primary items and a wider statement before the end of the first 2 months if the day 1 doesnt cover the extra topics.

Are the qualifications a legal requirement or just a nice to have? If the former has there been a change in how overseas qualifications are viewed? Normally if there has been then there would be some explicit instructions on what to do with those already operating under the former regime

Are they suggesting a role change as well as a pay cut or keep the same job but just get paid less?

Thomas_Holding

https://forums.moneysavingexpert.com/discussion/comment/81997933#Comment_81997933

Yes he just joined.

They definetly knew about his qualifications or should have done - as he told them what he had.

Thomas_Holding

https://forums.moneysavingexpert.com/discussion/comment/81997944#Comment_81997944

The qualifications are a nice to have and they are implying that there might be a pay cut, more for economic reasons than anything else.

Thomas_Holding

They are trying to force my friend to take a pay cut, which seem unfair they do have a union rep.

lincroft1710

When you say "for economic reasons", is the employer struggling financially. Because, if so, it may be prudent to take a small pay cut, rather than face a possible redundancy situation.

Thomas_Holding

https://forums.moneysavingexpert.com/discussion/comment/81999998#Comment_81999998

I don't think that the company is suffering that much. I think my friend would refuse and sue for wrongful dismissal.