Company backtracking on contract 1 month in

[TotallyKerplunked]

I started a new F/T job 1 month ago after 2 years as a SAHM. They wanted me to start ASAP and I didn't receive a contract until the day before I started.

On my first day I sought out HR to clarify certain points in the contract I was unsure of and I was assured it was correct, other details that I had been told during interview (flexitime etc) I was told was incorrect. I specifically questioned the holiday entitlement as it didn't seem to add up but they told me as my contract was to cover maternity leave then my contract was correct.

Fast forward to yesterday and I received my payslip which clearly states holiday entitlement 3 days less than my contract. When I questioned it with the payroll department they were very rude, I then questioned it with HR and was told my contract was a typo, they only offer statuatory leave and they wanted me to sign an amended contract immediately. I refused and don't really know where to go from here, I've got a meeting on Monday with HR and management and need some tips on what to say/do so they fulfil the contract as it was if I can.

What is really frustrating is I made it clear at interview I had a holiday booked 1st week of September and preferred to start afterwards, they insisted that if I wanted the job I would have to start immediately (I actually worked 4 days before going on holiday), so essentially I've got very little holiday left to cover the remaining months of my contract (what I have left is taken automatically to cover the x-mas bank holidays).

Can they actually turn around now and change conditions stated in a contract?

If they only offer statutory to everyone else there is no way you are going to get them to agree to more for you because of a mistake with your contract.

Changing conditions in a contract, ie denying you contractual holiday might technically be a breach of contract. However at this early stage in your employment you are probably on a week's notice I imagine so it makes little difference really, as they could give you a week's notice to terminate your employment on the old contract then a new contract to start the day after.

You've been issued the revised terms. Refusing to sign it doesn't mean those terms are not in force. If you carry on working under the new terms basically you'll be deemed to have accept those as the terms. You could notify them that you do not accept the terms and are working under protest but that doesn't last forever and would be while the issue is sorted out - ie it doesn't make the issue go away.

This is going to be a negotiation, so it depends how valuable you are to them and how important the job is to you as to how strong your position is to negotiate perhaps an additional day or two this year only on the grounds that you had holiday booked and they were insistent on you starting before you took it.

Ultimately though, it doesn't seem likely that you are in a particularly strong position so while I understand how irritating this all is, you need to be realistic about the outcome.

Thanks for that, I was unsure of my legal position (I was thinking breach of contract) but it looks like I will have to suck it up, it just puts me in a difficult position for childcare but hopefully I can sort something out.

Could you try to negotiate your (already-booked) holiday as unpaid leave, so you still have your holiday entitlement intact?