I have a question about offer of employment letter v changes in T&Cs letter please

[BriansBrain]

I know it's late but I'm working early and would love some help during the day tomorrow

We have promoted an employee who has been with us for 10+ years.

I've been asked to draft an offer letter changing his salary & job title, I questioned whether it should be a change in terms and conditions letter instead of an offer letter but told it needs to include the probation clause and that the employee, if unsuccessful in the probation period will return t his original role.

Is this right? We will hire a replacement for the role he has been promoted from thus filling our budget for staff (his promotion is replacing a leaver)

I suppose my question is, if you get promoted do you have the right to return to your previous role even though that role is now filled with no room or need for an extra person and should this be a new offer letter or a change in T&Cs?

Thank you in advance.

It's a bit of a bespoke letter really, for a specific set of circumstances. Doesn't matter if it's called an offer letter or a change of T&Cs letter, it's the wording in it that's important, and making sure that is accurate.

Whether he has the right to return to his role is a matter for him and for the employer to negotiate, that wouldn't be a universal thing. If they want him to have a probationary period in the new role and want to state that he will return to his previous role if unsuccessful, that's their decision.

Very helpful, thank you.

Just to clarify, it is the company decision to give the employee the option of returning to the previous role so from my pov in regards to budget and head count allowance I just need to hope for the best that he is successful.

There will be no role, desk, work area for him to return to because we will recruit his previous role.

Thanks Flowery

I would suggest a conversation with the decision maker, saying you are fine with putting what is effectively a probationary period in, with the provision to return to the original role, but have they got a plan in place in terms of what will happen with the new employee, or will they cross that bridge when they come to it.

Hopefully they are fully aware and either expect it not to come to it, or have worked out what they'll do (maybe dismiss the new person) in the event. But especially if the role is in a different department, if there is the slightest chance the left hand and right hand aren't talking to each other, it's worth just flagging it up...

Thought I would update to say it all went well and management are confident he is a great candidate for the new role so don't see it as an issue but were pleased I had mentioned it.

I'm learning every step of the way

Thank you for your help.

:)