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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44957
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My employer wrote to me in August varying my terms and conditions

Customer Question

My employer wrote to me in August varying my terms and conditions linked to a specific role which gave me a pay increase. Over the last 3 months I have been unwell but on my return they are now placing me in this role are they legally bound to honour the contract or letter I signed agreeing to the new terms as I suspect they are going to say that it was a mistake and try to keep me on my current lower salary. The move to this role is also compulsory. Many Thanks Darren
Submitted: 9 months ago.
Category: Employment Law
Expert:  Ben Jones replied 9 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 9 months ago.
28 years
Customer: replied 9 months ago.
No thanks if you could just respond to the original question that would be fine Thanks
Expert:  Ben Jones replied 9 months ago.
have they raised the argument that these terms were issued in error?
Customer: replied 9 months ago.
No but I suspect they will
Customer: replied 9 months ago.
What is your view?
Expert:  Ben Jones replied 9 months ago.
Is there any suggestion it may have been an error, for example are there others doing that same job on the lower salary?
Customer: replied 9 months ago.
No as they are all personal contracts apologies for being abrupt as I have to travel can you please just gave me an overarching view please as I need to go off line by 11am Many Thanks
Customer: replied 9 months ago.
Ben can you please give me swift response would be greatly appreciated Thanks
Expert:  Ben Jones replied 9 months ago.
In your circumstances you would have the better position of arguing that they should honour what was agreed. Anyone can try and argue error to avoid adhering to terms which were agreed but they will have to show that this as indeed the case. For example, they have not said anything for quite a while (these were agreed in August) so the longer they leave it the weaker the argument of error would be. Also they may not have comparable other employees which they can use as an example that the terms they had agreed with you are clearly incorrect. So it will not be easy for them to try and prove that this as in error. They could of course maintain that and refuse to pay you but then you may pursue them for breach of contract if necessary. This is your basic legal position. I have more detailed advice for you in terms of the rights you have if they do not honour the contract, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Expert:  Ben Jones replied 9 months ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you
Expert:  Ben Jones replied 9 months ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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