Agreed contract now wants to change it!!

**chicane** · 28 June 2007, 07:26

It's difficult for anybody to give an opinion without seeing the wording of the contract. Many employment contracts nowadays offer a probation period to the employer which allows them to get rid of you immediately at any point during the probation period.

Chances are, if you dig your heels in on this contract, and they genuinely don't want to pay you the extra 2 grand, they will find a way to get rid of you.

If you want to appear professional, make a firm decision on the salary you expect, go back to your 'new employer', and make your expectations clear. If they're not willing to meet your terms, you part company professionally. The worst thing you could possibly do at this time is close your ears and attempt to stick rigidly to the terms of the contract you have.

**TheFaQQer** · 28 June 2007, 08:14

They offered a contract, which you accepted. If they want to change the terms of the contract, then this needs to be by mutual agreement.

In my last permie job, they had inadvertently given me the right to waive my notice period if I wanted, so I could leave immediately. I told my boss that I was going to leave to go contracting, and his manager told me that I'd have to work my four weeks notice. I advised him to check the contract, and when he did, he then asked nicely if I would work four weeks instead of leaving with no notice. So I nicely told him what he could do with the notice period, and eventually agreed to seven days. He was not too happy, but since I was leaving, it made no odds to me.

You're in a different situation though - if you want the job, and the salary is acceptable, then you could negotiate to accept it or compromise. If you're not that fussed about the job, or you don't like the salary now offered, then leave. Don't hold them to ransom over it - they will find a way of clawing it back from you.

Sounds like a quick look on Jobserve etc. might be in order - having a few loud phonecalls with "agents" to look like you're in demand might push their hand a bit.

**sli_gryn** · 28 June 2007, 21:14

i would guess that you can argue against the "trial period"/"probation" clause as you've been there for 9(?) months or so, so they know what they're getting.

go with the original, they signed it. if it was one persons mistake, his @rse is in the sling, but you get paid what it says.

**unisign124** · 28 June 2007, 23:48

Thanks Guys,

I got the probation period written out as i argued they had just had me for 9 months and if I couldn't do the job then don't offer me the permie job in the first place.

Had the meeting this afternoon.They argued it was a genuine mistake and I should accept £2000 less.(I was getting £12000 less pro rota going permie).
I argued mistake or not both parties had signed it and it was now legally binding and if necessary I would go to court to enforce it.
The HR guy said he couldn't employ someone who would take that stance so if I ripped up the permie contract he would employ me as a contractor for 3 months (The notice period in the permie contract) which is what I wanted in the first place.
This means I can have enough time to get a new gig.
Obviously he doesn't get his contract back until I get a water-tight 3 month contract in return.

This has soured our relationship but I felt I had to make a stand.

Feel aggreived that they would wait until the last minute to spring this on me but is this usual practice ie should I be more proactive in seeking a "whats going to happen next" meeting maybe 1 month before the end of the contract, thus giving myself enough time to organise alternative work?

Thanks!!

**Sockpuppet** · 29 June 2007, 00:07

Good on you. **** them over for as much as they can get as they will do the same to you.

Ask the HR manager if he wanted to take a £2000 pay cut. Think he has his answer.

**TheFaQQer** · 29 June 2007, 08:14

Originally posted by unisign124

Feel aggreived that they would wait until the last minute to spring this on me but is this usual practice ie should I be more proactive in seeking a "whats going to happen next" meeting maybe 1 month before the end of the contract, thus giving myself enough time to organise alternative work?

It's fairly normal (in my experience) for clients to wait for the last minute before realizing that you could be walking out the door. The earliest I've had a renewal discussion was a month before the end of the contract, the latest was during the last week. I've read somewhere on here of someone who was offered an extension on their last afternoon.

**Ardesco** · 29 June 2007, 08:24

It's normally in the last coupe of weeks for me. Generally it's a case of the permie's forgetting that you are only employed for a finite amount of time and then the week before you are due to leave an outlook reminder pops up saying "Contractors last week" and they run around like headless chickens trying to get the paperwork done for a renewal

**floatsy** · 29 June 2007, 08:28

Originally posted by Ardesco

It's normally in the last coupe of weeks for me. Generally it's a case of the permie's forgetting that you are only employed for a finite amount of time and then the week before you are due to leave an outlook reminder pops up saying "Contractors last week" and they run around like headless chickens trying to get the paperwork done for a renewal

**unisign124** · 29 June 2007, 09:47

I genuinely thought that it was a huge bluff, that they would wait until the last moment and then offer me an extention.Overheard my boss telling other staff that I probably wouldn't be here next week so thats when I knew that the permie offer was the only one on the table.

I quickly signed the 1st permie contract for £38,000 backdated a few days (They had signed it a week before) and put it in a pile of papers and left it without telling anyone on the HR managers unattended desk.Slightly underhand I hear you say but so was trying to get me to sign a revised permie contract at £2000 less a couple of days earlier.

Went to see my boss and told her i would be in next week as I had already signed the 1st contract and given it to HR. A clerk was sent to find it and when it was recovered thats when I was offered my original ltd contract back.

So all in all got the desired end result but only after a week of farce and p155ing about.

Agreed contract now wants to change it!!