A Work Dilemma Facing a Colleague

The Funktopus · 24 Mar 2011 at 12:58

Hi guy's,

I was hoping someone could advise a colleague of mine on a situation facing them. In essence, we're on a paid training scheme, being put through a course at college by corporate sponsors.A situation's arose whereby my colleague's sponsor offered them the place at one salary, but have now comeback nearly 3 months down the line arguing that they've made a clerical error, and they should infact be paying them £3,000 a year less. Bearing in mind that a contract has been signed by both parties agreeing the original figure, then surely the employer has no legal grounds on which to alter the terms?

So far the case has been presented to our trade union, but dialogue between the employer and the union is being drawn out by the fact that the employer are seemingly dragging their feet in responding. Is there anyone else with more clout than a union we can turn to in this situation?

Thanks in advance, Mike

Castiel · 24 Mar 2011 at 13:01

The employer only needs to give 3 months (90days) notice of changes to T&Cs, the employee can either accept those terms or withdraw from the contract.

I doubt that this situation is any different.

You can contact ACAS, but I suspect that your Union is the best option as they will be able to negotiate directly with the employer and will have access to the legal expertise regarding this.

I don't think you have that many options I'm afraid.

Jonny · 24 Mar 2011 at 13:02

That's harsh. Real harsh

Gaz1988 · 24 Mar 2011 at 13:08

I dont think theres an awful lot you can do, my ex employer reduced everyones salary by 15% becasue of the current climate - this was obviously quite a big chunk for some people!

cm1179 · 24 Mar 2011 at 13:12

take the hit, it's better than having no job!

Vonhelmet · 24 Mar 2011 at 13:22

Castiel said:
The employer only needs to give 3 months (90days) notice of changes to T&Cs, the employee can either accept those terms or withdraw from the contract.

And the employer quite probably only needs to give notice of 1 month at most of the termination of his contract so...

Castiel · 24 Mar 2011 at 13:31

vonhelmet said:
And the employer quite probably only needs to give notice of 1 month at most of the termination of his contract so...

Quite.

Stretch · 24 Mar 2011 at 13:50

How much is £3k in percentage terms? I'd possibly try and negotiate to split the diffrence claiming you had another offer on the table when you took the job.

Most companies I know wouldn't admit to a mistake like this. Not for £3k a year and a disgruntled employee.