Employer wants to change job offer after work started

Shambler · 21 May 2018 at 2:45PM

Hi all,

GF received a job offer (subject to references which have been fulfilled) and started work about 3 weeks ago.

The employer has now turned around and says that they want to reduce her holiday entitlement (she gets more than statutory holidays).

Holiday entitlement was stated at interview and in offer letter.

Is the employer legally allowed to do this?

ReadingTim · 21 May 2018 at 3:30PM

Yes - and the fact she's only been there 3 weeks is irrelevant - she's an employee just the same as someone who's been there 3 months, 3 years, or even 3 decades. The only way it's relevant is because she's likely to be in her probationary period/less than 2 years - a period in which it's very easy to get rid of people - she can't claim constructive dismissal etc in this period.

Appreciate it's annoying given she was so recently offered the job, but this change might not be aimed at just her - it could apply to everyone in the company. She has no power to force them to stick to the previous offer/T&Cs, and can be quite easily got rid of. She can therefore only decide whether she's happy to accept the new holiday allowance, or find another job - a decision which her employer can quite easily force upon her.

Sorry if this isn't the answer you wanted to read.

Shambler · 21 May 2018 at 3:40PM

Thanks Tim, her manager just backed down after consulting With HR.

LittleVoice2 · 21 May 2018 at 4:16PM

So who was wanting to make the change - just her line manager or had it started with HR?
Do others at her level get the extra holiday or was it a genuine mistake originally?

Shambler · 21 May 2018 at 4:39PM

Line manager, nobody at her level to compare to but it looks like staff are so stretched is the reason why they wanted her to sacrifice another weeks holiday.

[Deleted User] · 21 May 2018 at 10:32PM

I've found this a lot of companies that do offer 25+ basic holiday days, nearly always never have the man power to cope with it typically.

Though I did interview somewhere recently where they said at interview they were probably withdrawing or changing the current loyalty bonus so to right they should back down in OP's case.

Masomnia · 21 May 2018 at 11:06PM

Mmm, one of those where it's most likely a breach of contract but there's not much she can do about it.

Good that they've backed down.

Employer wants to change job offer after work started

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