Help needed from HR whizzes, employment law or union reps or anyone who knows the answers to my query.

[StraightHairedScummyMummy]

Would be v grateful for some thoughta on this, if anyone has any.

Back in January when the year was young I got a written conditional offer of a job and, as requested, signed to "accept the appointment under the terms and conditions stated in this written offer" and returned it to my employer, who had also signed.

The salary offered was £XX,XXX.

15 long weeks later I have just started the job.

Today I received a "Statement of Particulars" and have been asked to sign and return it. The salary stated is £YY,YYY, some £2200pa below the initial offer.

tbh, I was surprised (and delighted) when they offered the first salary (mid spinal point), having expected to start on the lowest spinal point. BUT- I feel like I have been pissed about at every turn trying to get started at this job. I have lost about 6 weeks salary (charitably, even if I give them the benefit of the doubt on a couple of weeks and lay some of the blame at other institutions' doors) and one of the things that kept me from telling them to jack their stupid job was the reasonable salary, along with being keen to work in this particular field.

Anyway, assuming the first offer was a mistake (haven't had time to confirm that) are my employers bound by it anyway since we have both signed? Or do they have a get out clause or 7? How do I handle them? Or do i just put up and shut up? Very grateful for any wise thoughts.

[Tinker]

I don't know Scummy but how maddening. Sis would know I'm sure. Can you not contact your own HR to discuss?

[Whizzz]

I'm no expert would have thought if you'd both signed the first offer it would be binding unless there was a get out clause in the small print. Have you asked / have they given you a reason for the lower salary??

[StraightHairedScummyMummy]

I will ask HR- they are the ones who wrote both documents. I didn't receive the new thing till after hours so couldn't query it. I just don't really know how to handle it. Do you think I start by saying, confidently, you've made a mistake on the 2nd document?

[Tinker]

Yes. Start by breezily saying that when you signed contract and it was x amount. However, there appears to be some mistake on the new one, can you get a corrected copy please?

[StraightHairedScummyMummy]

Have just sent email to that effect. Thanks Tinker. Thanks whizz too- I hope you're right!

I'm so mightily pissed off with the whole recruitment process that I can barely think straight when it comes to dealing with HR so it's great to have your thoughts. I keep thinking nothing else can go wrong only to find that something else comes up.

[emankcin]

Yay! congrats to you for finally starting your wonderful career. with your wonderful straight hair.

[bossykate]

congratulations on your start! good luck with getting the salary they promised you! straight hair? it has been a long 15 wks

[WideWebWitch]

Are you in a union? Because they may have some useful advice. I'd have thought (but am no expert) that they would be bound by the original job offer. I'd push for that and act v surprised if they suggest anything else tbh. And, obviously, DO NOT sign this stupid statement of particulars which is for the lesser amount.

It is MUCH easier for them to back down given the written higher offer I'd have thought. Congratulations!

[ScummyMummy]

Actually hair is looking pretty darn bushy again today! But amazing ghd straighteners are arriving to tame it any day now...

[ScummyMummy]

X posted with you, www. Thanks. I am about to join a union but am not yet a member so I'd probably not be able to call on their help for this issue. I just feel so cross with HR that I can't even work out if this is a major or minor issue! I did get the sniff of two other jobs while I was waiting for them to sort themselves out and employ me so am feeling more last strawish than I usually would, i think. (Admittedly one of the jobs wasn't permanant- but was better paid even than their original offer- and the other was worse pay- but an immediate start). I feel so tempted to tell them to stuff the job if they try withdrawing the first offer but on the other hand I know I will enjoy the job and would be cutting off my nose and all that too. I just feel there is a major danger of losing my rag with them bigtime...

[ScummyMummy]

Sorry- lest out an everyone after thanks. Wanted to thank bk and emankcin (namechange?) too.

[PinkyRed]

Also not a lawyer, but isn't the point that it wasn't an offer any more? Once you've signed the contract, it stops being an offer and becomes binding. If you turned around and said I know I signed a contract to work 5 days a week for £xx, but actually I'm not going to bother with Mondays, they'd be justified in sacking you for breaching the terms of your employment, wouldn't they? Isn't it just as binding for them?

[Tinker]

I think a union would take your case. Ours does, I think.

[ProfYaffle]

I used to work in HR and have to confess, I made self same error. all we did was inform the employee and issue a month's notice of a change to sop and changed her salary. she got one month at the higher rate then reverted to the correct rate.

[emankcin]

after enquiring with a union myself i found that youhave to be a member for a month and not have any past issues.

although its still worth asking.

i hope you kick the agency reference lady in the fanjo shh

[ProfYaffle]

Another thought re the union occured to me after logging off last night. Where people are placed on the spinal points and how they progress through them is quite often closely negotiated between HR and the Unions, eg ours used to based on length of service and qualifications. It's possible that the Union may have a problem with you coming in on an incorrecly high spinal point, effectively leapfrogging longer serving members of staff.

[ScummyMummy]

Thanks for all the advice. It turned out that lower offer was an error and they are sending out a corrected version. Hurrah.

[ProfYaffle]

Hoorah!

[elkiedee]

My boyfriend is a union rep and often deals with getting people on to the right point on scale, often it's based on someone having previous experience in another job or something perfectly fair like that and trade unions would support not oppose that. (We both work in local government and it's common in London for people to switch between different councils).

[elkiedee]

Glad you got the original problem sorted ScummyMummy, and do join the union. Generally unions are in a much better position to help if people join rather than waiting until they have a problem, or worse, leaving and then wanting to rejoin when they have a problem. Management recognition of the union's right to negotiate depends on membership levels, for a start.

[ProfYaffle]

Yes, that is perfectly fair. Someone being appointed in error on the wrong spinal point is a different matter. It's common to move between Local Authorities outside of London too, due to preserved benefits and continuity of service.

[ScummyMummy]

thanks both of you. Don't worry- I was and am joining the union before this came up and will definitely still join. Just trying to locate my union rep.