Employer has changed terms of offer

sk3lph

sk3lph

sk3lph

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16 May 2007
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882
Any lawyer types read this forum?

I have already accepted an offer from an Agency on behalf of an employer where I was informed I will be eligible for the 2007 annual pay increase that was in the final stages of agreement. I have emails from the agency saying I was entitled to this and the offer I signed has 01/01/2007 as the date of next salary review.

The employer has since informed me that I'm not eligible and the Agency are not interested. I'm keen to start the job and don't want to sour the relationship with the employer before I start.

I start the job next week so has anyone any advice on what I should do - presumably the employer is in breach of contract?
 
OK, I'm not a lawyer - I just studied it at college and law modules in my degree... but I'm no Perry Mason ;)

If the only proof you have are emails from the agency then I wouldn't think that constitutes a contract.

If you do have a formal contract where it is specified and has been signed by both parties, i.e. yourself and also a representative from the company, then it'd be a different matter. Whether it's worth souring the relationship with the employer is a different matter, though... I'd say taking them to court over breach of contract would rate quite highly as a career-terminating move on your part.
 
Normally I would put this down to the usual habit of agents bigging up what the employer can offer you. However if you signed a formal job offer which clearly states the next review is on the 1st of Jan (2008!) then it does seem a bit suss.

In your situation I'd probably take it lying down to be honest - we are nearly into October now so the salary you have been offered will hopefully be of an acceptable standard to you and missing out on an increase after 3 months is not the end of the world (it just means you will likely have to wait 15 months for a salary increase).

Come to think of it, I know many employers don't offer pay rises to employees who are yet to complete their probationary period, which presumably you will be having? If you start next week then a typical 3 month probation will stretch just into 2008.
 
Doesn't sound as though they are playing very fair, but there is not a lot you can do. Sure, you could make a big fuss about it and force them to perform the salary review but if the offer is only for a review, not a rise, they could just say: 'We have reviewed your performance and decided not to give you a rise'.
 
Thanks for all the replies.

The 2007 pay deal is for the whole company so all professional employees are getting it (cost of living and inflation increase). It has taken this long to be applied because there is always lengthy negotiations between the union and the company - the cynic in me thinks that this may be way for the company to make a bit of money by withholding the payout for a bit.

To be honest you've more or less all confirmed my thoughts. I've been misled and they are in breach of contract, but I want the job, so I think I'll have to grit my teeth and go with it as there is nothing I can do if I want to come out of this unscathed. :mad:
 
Why are you so hung up on the money....
If you want the job then take it.. and enjoy working there.


Andy
 
nokinidea said:
Why are you so hung up on the money....
If you want the job then take it.. and enjoy working there.
Andy
Click to expand...

I wouldn't say I'm hung up on the money - it's more the principle of the fact that I was told that I was entitled to it and the offer also says I should get it, but now the offer has been signed and my notice was handed in for my current job, I've now been informed I'm not getting it.

It's just annoying that they can do this and get away with it - anyway on saying that I'm already going to try and take on the philosophy of your message.
 
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