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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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If my employer makes a verbal offer of a consulting agreement

Customer Question

If my employer makes a verbal offer of a consulting agreement following retirement which is verbally accepted is it legally binding or can they change the terms ?
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today.
Please can you explain the situation in more detail? Were you an existing employee at the time the offer was made? How have they changed the terms?
Customer: replied 2 years ago.

I am an existing employee and was offered the opportunity to retire and continue working for the company on a consulting agreement for 18 months plus 6 months notice period at 75% of my current hours with renumeration covering my current full salary, benefits and bonuses. This agreement was previously offered and accepted by another employee. This offer was made back in May. I have been trying since to get the agreement for review and today have been informed the offer is being reduced to 6 months plus 6 months notice.

Expert:  taratill replied 2 years ago.
Many thanks have you been told the reason for the change in the offer? Are you still employed in the substantive post?
Customer: replied 2 years ago.

I am advised that another Senior Manager has not approved it internally and has stated that long term consulting contracts do not generally work and that they will struggle to get the budget approved to replace me with such a longterm agreement. I am still employed in the substantive post.

Expert:  taratill replied 2 years ago.
What will happen if you do not accept the offer? Will you be allowed to remain in role?
Customer: replied 2 years ago.

Yes I can remain in the role

Expert:  taratill replied 2 years ago.
Ok thanks an internal offer can be changed so long as it does not discriminate against you contrary to the Equality Act 2010. The reason I was asking whether you were being required to leave otherwise was to rule out the possibility that there might be an element of Age Discrimination, but this does not seem to be the case here.
Obviously you have the right to feel aggrieved so you can raise a grievance but ultimately you cannot force them to stick to the original terms.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.