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  • My Employer’s screwed up my contract… what will they do???
  • FallOutBoy
    Free Member

    Use to have a full-time, fixed term contract, ending this November. Applied to go part-time (3 days per week) recently as my wife and I had our first child a few months ago. The idea being that the pot of cash used to pay me would extend my contract for a extra few months. After a friendly meeting, it was agreed that I would start part-time on 1st June and would hear about my new end date shortly, once it was calculated.

    Got a signed letter this morning extending my contract by 2 years. I’ve told them, but both they and I have signed the new agreement with this newdate… what can/will they do?

    Ps. Employer is a broke science department at a big university. Pot of cash is a (small) research grant.

    Olly
    Free Member

    you didnt read the agreement before you signed it?

    not a lot you can do! i would say, other than ask them nicely….

    cynic-al
    Free Member

    It’s clearly an error (so there’s no agreement, only to the original/correct dates) and presumably that can be shown by either party…so if/when they notice they’ll point this out and ask you to sign the proper letter.

    No doubt someone will be alog to tell you you’ve got a bindsing contract and they must pay you for the 2 years though…

    BigJohn
    Full Member

    Sounds like you’ve been straight with them, so there’s a good chance it might stick.

    Say no more about it and see what happens.

    Olly
    Free Member

    oh i see, its in your favour.
    they can ask you nicely then?

    FallOutBoy
    Free Member

    you didnt read the agreement before you signed it?

    I did. I pointed out the date unlikely to be right but apparently the head of personel has signed it off

    not a lot you can do! i would say, other than ask them nicely…

    I don’t mind if they want to employ me for an extra 2 years… Its not like finding a job is easy at the moment. I just don’t know how they’re gonna pay me!???

    FallOutBoy
    Free Member

    cynic-al, you’re a solicitor aren’t you? So it won’t stick then, even though they’ve signed it?

    thisisnotaspoon
    Free Member

    my favourite quote form university……

    “contracts are only as legaly binding as you want them to be”

    i.e. if you want to work for 2 years you can do

    or – if they dont want you to work for 2 years they’ll get rid of you.

    ourmaninthenorth
    Full Member

    So it won’t stick then, even though they’ve signed it?

    Not necessarily. The key point that cycni-al is making is that a manifest error generally makes a contract non-binding to that extent.

    In other words, should you come to the end of the period of months that you both reasonably thought you had agreed as the end point and then tried to rely on the agreement as binding for another 18 months, then you might find yourself in a difficult position.

    As it is, of course, there may become some additional funding available (on this or another grant) that does actually mean you can stay on. I can’t profess to fully understand the way that people’s jobs are funded in Universities (Dr North is forever being funded by 10% here, and 20% there on grants).

    cynic-al
    Free Member

    In other words, should you come to the end of the period of months that you both reasonably thought you had agreed as the end point and then tried to rely on the agreement as binding for another 18 months, then you might find yourself in a difficult position

    After a friendly meeting, it was agreed that I would start part-time on 1st June and would hear about my new end date shortly, once it was calculated

    I’d say they had agreed it.

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