Copies of employment contract are different

nst68

nst68

nst68

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I've just found out that a payrise has been given to the rest of the company and not to me.
I queried and was told yesterday "it says in your contract that your won't be reviewed till 2009".

I looked at my copy of the contract last night and it says that my salary will be reviewed in 2008.

Went into work today and told them this, and they produced the copy of my contract that I'd signed and it says 2009 :confused:

What can I do about this?
Is it just a case that I as I signed the one that says 2009 I'm stuffed, or does the fact that the contracts disagree give me some leverage?
 
If you have signed it then I'm afraid you are stuffed..why didnt you check it before you signed?

sorry if that sounds harsh

:(
 
Definite leverage, assuming you have not Photo-shopped the contract ;):D

Edit: and assuming the date on their copy is not later than the one on your copy :)
 
Not sure about the legal side of it but if that were me I'd set up camp in HR and not leave until they told me exactly what they were playing at and offered me a very large apology and a pay review.
 
Skalaberg said:
If you have signed it then I'm afraid you are stuffed..why didnt you check it before you signed?

sorry if that sounds harsh

:(
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sounds to me like they gave him a copy to read but he didnt check the second copy. tbh i wouldnt have checked either i would have thought they where both the same.
 
If you signed the 2009 one then there's nothing you can do, even if they went to the underhanded lengths of giving you the '08 to read, then prompting you to sign the '09 one.. unfortunately ignorance isn't an excuse (not meaning to be harsh at all, i'd probably make the same mistake.. but a contract is a contract)
 
Dracata said:
If you signed the 2009 one then there's nothing you can do, even if they went to the underhanded lengths of giving you the '08 to read, then prompting you to sign the '09 one.. unfortunately ignorance isn't an excuse (not meaning to be harsh at all, i'd probably make the same mistake.. but a contract is a contract)
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Yep, sounds like one of those "live and learn" events :(

I can't remember which one I read and which one I signed tbh.

Have got a copy of the companies one now and will compare it to mine to check nothing else is different!!!
 
If it happened as you say then It speak volumes about your employers tbh.

Maybe a new job is in order?
 
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Is your copy signed aswell? is it really a copy of the original or is it a different one for employee to keep?

I would fight it.
 
TheCrow said:
Is your copy signed aswell? is it really a copy of the original or is it a different one for employee to keep?

I would fight it.
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Nope the one I have isn't a copy of the original that I signed, just a separate copy that was prob printed off at the same time.

Their argument is that the one that I signed contains the 2009 clause.
 
If a company I worked for tried a trick like that to get out of giving me a payrise, I'd be walking pretty much instantly. That's pathetic, I think you should name and shame them.
 
There is actually lots you can do if you wish to, you will however need proper advice which, unfortuntely, could get expensive. It all depends how badly you want the payrise and how much trouble you are willing to go to.

As they have drawn up the contracts the mistake is their error, which in various judgements over the last few years puts the "blame" on them. Thus you are actually in an extremely strong position. The Courts take the view that "because they messed up they have to bear the burden", there is a technical phrase for this which escapes me at the moment.

The ball is in your court, pun intended.
 
The problem with arguing would be though that your superiors will think your not on the companies side which could damage your odds of promotion etc.

But if they have done what it looks like they have done i'd take them for all their worth. Go see a solicitor for a chat about what grounds you have to stand.

Are the contracts date stamped the same day as that would be really useful.
 
Is your copy of the contract signed by an employee of the company?

If it is then both contracts are valid.

Speak to ACAS but I'm guessing it'll go this way:

Ask for a meeting, explain that you have signed two different contracts, which one are they going to honour.

If they value you as an employee they'll give you the 2008 review, if not they will give you the 2009 review.

If they go for the 2009 review you need to establish precedent by speaking to your fellow employees and finding out how long after they started did they have a pay review. If they are given one a year after the next review (like your employers contract states) then you need to suck it up and carry on there. If they are given one at the next review (like you contract states) then you need to tell your employer about this and that they are in breech of your contract.

When this goes to tribunal for breech of contract, call your fellow employees and prove that your contract is the correct one based on precedent.

Game over you win.
 
UPDATE:

Just had a proper look at what the company gave me as their copy of the contract, and I don't think it's a contract!!
It looks to me like an offer letter, it starts with the phrase

I am pleased to confirm our offer of employement.....
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It then goes on to list "general terms and conditions of employment", one of which is about not reviewing the salary till 2009.

What I have starts with

THIS CONTRACT OF EMPLOYMENT....
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and this is the one that mentions 2008

BUT

Their offer/contract is signed and mine isn't.
 
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