can a salary offer be rescinded? NHS

[widowtwankywashroom]

I moved down from a b7 to a b6 in June of this year
I have an email and a contract issued to say my salary will be £42618
I am only being paid £ 35600 - I will move to £42618 in November
I only agreed to take the role on ( I was just going to bank etc ) because of this and now I am being told the contract has been issued in error and that resourcing hasn't followed the correct procedure
Where do I stand?
I have informed the union - what else can I do?

How long have you worked there in total?

Less than two years, they can just terminate the old contract and offer a new one. More than two years, you could have a breach or contract/unlawful deduction from wages claim and they can’t usually just unilaterally vary a contract that’s been agreed by both parties.

There is a valid defence to a BoC claim called “mistake” though so it depends on the circumstances.

It also could depend on any pre contract negotiation and the wording of the contract and offer letter. So your union is probably best placed to help.

I have been in the NHS for 10 years, I started at this trust in October 2022

It sounds like you accepted the post on the basis of it being at the top of band 6, and they have started you on the bottom of the band?

Speak to your line manager/their manager and HR. The norm in the NHS is to appoint at the bottom of the band but they can put you higher if you have additional experience, as you've been working at band 7 this is a clear case where you can evidence you have been working at a higher level. Management will need to approve it though. If you don't get anywhere you need to put a grievance in.

They have started me mid point
But yes I only agreed to start as I thought I was going in at top b6!
There are emails flying round all over and yes if not sorted I will put in a grievance, I just wanted to know legally do I have leg to stand on?

Update - I emailed them a letter with advice on from my friend who has done a law degree - I then had an email to day that a meeting had been had and it had been agreed to increase my salary and back date it accordingly.