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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46743
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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/Madam I recently started work company who

Resolved Question:

Dear Sir/Madam
I recently started work for a company who approached me with a job offer which was followed up in writing. On giving up my old position and taking up this offer. I started working for them I noticed my wages where not what was stated on my job offer which I raised with my new boss. Also at the sameness time I asked if they had payed my outstanding training fees with my previous company which again was agreed verbally before this position was taken. They have finally replied to my questions after nearly 3 months and said that my wages will not be changed, they will not pay my training fees. And overtime is no longer available to myself as I contract to another company for them, again I was advised b4 taking this job that there was plenty of overtime for me. My boss finished this conversation with "we're not trying to make you leave but you have to make the right decision for youand my family. Legally how does this stand.
Many thanks Simon
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. can you tell me have you any evidence of this in writing or has your employer admitted to you about these agreements please.

Customer: Hello Ben, I do have the original job offer with my wages on, but the agreement to with my training fees was raised by me in a email which I have, but the answer was given to me verbally over the over phone. My Manager told me his answer in a meeting on 16/02/15
Ben Jones :

Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.

Ben Jones :

Hello Simon and many thanks for your patience. Whilst the employer has not acted correctly in this situation, your legal rights in pursuing this will be rather limited I’m afraid. This is because you are not protected against unfair or constructive dismissal until you have at least 2 years’ service with an employer. During that time they could either dismiss you or ask you to leave for more or less any reason as long as it is not to do with discrimination, and I see no evidence of that being the case here. You would either have to accept the situation as it is and conti9nue being employed by them, or if you are unhappy about the change of terms you can leave but cannot make the claim for future loss of earnings because you do not have the required service to make the claim.

Saying that you can still make a claim for breach of contract as that does not require minimum service to be made. You would only be able to claim for the difference in pay from what was promised and what was actually paid from the start to the time you either leave or the employer changed your terms and also for the training fees as that was a part of the agreement. However, you would not be able to claim for future losses or force the employer to honour the original pay agreement.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46743
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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