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Legal matters

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Work contract

8 replies

L3v3ly · 22/11/2022 20:08

Hi
after some advise as I fear I’m about to be shafted! Started a new role and was issued a contract which I accepted, been in role 2 weeks now. Noticed on payslip I’ve been paid at bottom of pay scale but contract states higher salary and this is why I accepted the job. I’ve asked for clarification but employer being very cagey and saying they will issue my salary in writing…I think they are going to reissue a contract under lower salary. Is this a) legal and b) how do i contest it? Tbh I’m so pissed I’m contemplating resigning if they do this! I’m in Scotland. Thank you

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WaveyHair · 22/11/2022 20:42

I am not an expert do speak to ACAS for guidance (or check your house insurance for legal cover) but I would expect my salary to match that on the contract which was offered.

Whether they can reissue your contract of employment with a lower salary is odd - check with ACAS.

BlackAmericanoNoSugar · 23/11/2022 14:41

Do you have a physical copy of your contract? If so make sure you keep it, don't hand it to your employer for any made up reasons. Don't sign a new contract. Tell them that you will be seeking advice but it's likely, in your opinion, that they have made unlawful deductions of wages.

L3v3ly · 23/11/2022 16:22

Thanks, yes I have my original contract and they’ve issued a new contract which they’ve asked me to email confirmation of acceptance. I have not yet acknowledged their email. I’ve spoken to ACAS who advised me to speak to an employment lawyer but it looks like a contract breach. Issue is, ACAS warned me it’s likely my employment will be terminated if I raise a grievance. So unfair!

part of me wants to walk away as this whole situation is so immortal but the problem is my work place is linked to my qualification, if I hand notice in or start a grievance then I have to be willing to give up on completing my qualification. Needless to say once qualified I won’t be working for this organisation again.

So torn over what to do…

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BlackAmericanoNoSugar · 23/11/2022 16:33

How long until you're qualified?

L3v3ly · 23/11/2022 17:54

7 months so not too long but also long enough when being screwed over 😫

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BlackAmericanoNoSugar · 23/11/2022 18:09

I think that they have you by the short and curlies tbh. They know that you need to qualify and also that you will be off like a shot once you are, so they are trying to screw as much out of you as they can.

What I would do is send back an email asking for a written explanation of why your contract has had to be changed so soon after your original contract was agreed. Push them to be precise about when exactly the decision was made, did new information come to light after your initial offer and what information exactly was it. Is it because you are a woman/gay/not white (any protected characteristic that you might fall under)? Tell them that you are more likely to sign the new contract if you understand why a new contract has needed to be issued.

Did you give up a job in order to accept this one? Will the new contract mean that you will be paid less than you did in your old job? Point out that their 'error' will cause considerable hardship to you and your family, especially as there is a cost of living crisis. Give exact numbers, eg you led me to believe that I would be £x better off if I left my old job for this one, in fact I will be £x worse off.

Could you get another job somewhere else that will allow you to complete your qualification?

WaveyHair · 23/11/2022 19:07

Could you negotiate the salary, ask if they could meet you half way seeing as this was not the salary you originally accepted.

Otherwise maybe suck it up for the next 7 months and plan to move on as soon as you get your qualification?

L3v3ly · 23/11/2022 20:41

That’s a good idea, I’ll see if there is scope to negotiate!

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