Employer changing contract start date after starting employment?

[thingemajib]

Hi all,

Minor predicament - I started a new job last month as an agency worker for company A being employed company B on a one year contract. Both myself and company B have signed a contract stating start date was in July and I have been on a third party training course ever since. I'm due to actually start working for Company A at the end of Aug (I think - details are a bit thin, whole different story there).

This morning I had an email from company B saying they put down the wrong date on the contract and that it should have been the end of Aug, an amended contract will be issued and salary reconciled. I appreciate I'm under training and not actually working for company A yet but can they do this after signing a contract and being paid? For what its worth I'm one of 8 people going through the same thing.

tl:dr - started new job in July signed contract saying so, got paid, employers turned around and said we're now starting end of August and adjusting pay accordingly. Can they do this?

 

[dowie]

I dunno about the legal angle but from an ethical perspective did they say anything in advance about not being paid during training?

I mean ostensibly, if not, then you've been turning up and dedicating your time to them under the impression that you'll be getting paid, the contract itself doesn't do anything to change this impression as it too indicates you'll be getting paid.

How much do you want this job? It doesn't seem like a good sign if they're being vague about the actual start date and are now potentially going to claw back money from your future pay. I guess if you quit now and got another job they'd have some trouble trying to get anything back. I'd try citizens advice initially, it might be worth going to an employment tribunal if it ends up being 2 months pay you essentially lose out on.

 

[thingemajib]

The job itself is a dream job so I'm not particularly interested in binning it. I can take this hit if I need to but I don't really want to just roll over without at least querying it.

Gonna head into town in a bit so I'll pop into CAB whilst I'm out and about!

 

[dowie]

Can it lead to a perm role with Company A after the 1 year period? If so, and you are advised that they're in the wrong, perhaps you could simply take Company B (the agency/your current employer) to a tribunal for the two moths lost wages after you've secured the full time job with company A.

 

[Steeps]

Is it affecting all 8 people going forwards? Are you able to talk with others on the course to see if you are in the same boat or is it just yours being paid too early. If it affects all 8 then it will put more pressure on the agency to pay up instead of bullying. Their finders fee for putting 8 candidates forwards will be more than a month's wages each (especially if training is provided) so they have a choice of paying up or losing their sale too.

Does your original contract state how the training will be provided, if it is specific to that job and any other costs? Did it say apply for job with us at company A and training will be provided, or is it something B offers to all new applicants to their agency.

 

[thingemajib]

I dunno about the legal angle but from an ethical perspective did they say anything in advance about not being paid during training?

Nothing was explicitly stated, however it is the industry norm that these kinds of training periods are unpaid. This is our main unsticking point, as it was a bit of a surprise in the first place. We probably should have queried it in the first place however we only got the contract a couple of days before starting so we were all in manic rush mode trying to check off the million and five other things!

Can it lead to a perm role with Company A after the 1 year period? If so, and you are advised that they're in the wrong, perhaps you could simply take Company B (the agency/your current employer) to a tribunal for the two moths lost wages after you've secured the full time job with company A.

Yes, assuming we don't do anything stupid in the meantime we will (hopefully...) be employed directly by A after the year. Been speaking to a solicitor friend and a tribunal would have to be within 3 months of of the disagreement and seeing as we've just started that could pretty easily lead to dismissal (which is something we definitely don't want to risk!)

Is it affecting all 8 people going forwards?

All of us are in the same boat, we're agreed to keep quiet for now whilst we gather facts (ie this thread) and figure out the best way forward as a group. Trying to get everyone together for a meal this eve to discuss.

Does your original contract state how the training will be provided, if it is specific to that job and any other costs? Did it say apply for job with us at company A and training will be provided, or is it something B offers to all new applicants to their agency.

No, we have a separate training agreement for the training course, which we're paying for ourselves. With the exception of training being completed to acceptable standards before moving on there's nothing I can see in either document that links the two.

 

[thingemajib]

edit: double post

 

[dowie]

Nothing was explicitly stated, however it is the industry norm that these kinds of training periods are unpaid. This is our main unsticking point, as it was a bit of a surprise in the first place.

I wonder if it breaks minimum wage laws? I mean unpaid internships are industry norms too in some industries but they're not necessarily legal.

 

[thingemajib]

I wonder if it breaks minimum wage laws? I mean unpaid internships are industry norms too in some industries but they're not necessarily legal.

My guess no is if we are now technically not employed until the end of Aug, which brings me back to my original question, can they just change the date like that in the first place after we've 'started'?