Last Minute Change to Contract

[angelaw2704]

Hello, I'm looking for some help on a last minute change to contract. I work in the oil and gas industry and my initial contract was set up some time ago but renewed with the note that 'all original T&C's remain the same'.

In my contract it states the terms of requirements (ie certs required) for offshore travel but payment wise there is no offshore rate stated only that all hours will be paid for. I currently work an 8 hour day office based but an offshore visit was arranged, I advised my agent I would travelling offshore as my contract requires.

As offshore work on a 12 hour day I advised them I would be booking this pro rata for the 12 hours and they emailed back to say I would only be able to claim £100 per day allowance as this was the standard offshore working allowance (this still leaves me out of pocket for my working time). I challenged this and stated no where in my contract this is stated and has been in place for 2 years, they then hastily issued me with a contract amendment as they must have realised my contract wasn't aligned with the contract they have with the client, they did this the day prior to my offshore visit which I've not acknowledged or returned.

Can anyone advise on the notice required for contract changes? Many thanks!

[Cirrus]

Can anyone advise on the notice required for contract changes?

A contract is an agreement between two parties rather than a description of what they are agreeing to. Therefore if you haven't agreed the change, it currently doesn't exist. Legally the 'prior' arrangements apply although whether or not you can get away with enforcing them is another story.

[TheFaQQer]

If you accept the new changes, then the changes are agreed and in place. If you don't accept the new contract (which you don't have to do) then the current terms and conditions apply.

If the agent says "ah, but that isn't in the original contract" you should point them to Brogden v Metropolitan Railway Company (1876–77) L.R. 2 App. Cas. 666 which will explain how the contract has been accepted via conduct.