My partner’s been working in a new job for the last 4 months, and was called into the managers office today and has been told that there was a mix up on her contract and that the wrong salary was put on it (22k rather than 18). They also said that they usually expect the difference to be paid back as well! Job is civil service if that matters.

From my very rudimentary knowledge of legal rights, I understand that they are allowed to offer her a new contract on the new terms and give her notice if she doesn’t except, as she’s been working there less than 2 years. However I don’t believe they have a right to request the money back that she’s already been paid?

We plan to speak to citizens advice and ACAS, as well as the HR department, but any advice on where we stand would be greatly appreciated.

What salary was she offered when she accepted the job?
If 22k then I don’t see how they can ask for it back, if 18k then surely she noticed the difference on the payslips and should have mentioned it?

IANAL but my understanding is that:

Yes the contract can be wrong if its a genuine mistake, e.g. if they had accidentally put £1800k rather than £18.00k they could correct that error.

But I doubt that difference would fall into that category, unless there’s other information, was the job advertised as 18k, an offer letter at 18k and then a mistake in the contract? Or was it always a 22k job?

they usually

How slack are their HR department!

Within 2 years they can get rid of her effectively without reason, so i think your ‘accept revised offer or leave’ choices apply sadly. And i agree that a contract signed by both parties means they can sing for any monies paid under it!

However I don’t believe they have a right to request the money back that she’s already been paid?

Hmm, you’ve been miss-formed. Or formed a judgement based on hearsay..

Sorry, should have been more clear, £22k was stated on both the offer letter and formal contract, today is the first she heard of the lower wage.

And she’s been paid according to that contract?

You may find another contract forthcoming..

If the offer and formal contract state £22k, does it then say “Pro-Rata”? Could it be a mix up over working hours?

If they cannot produce a contract to show that your partner signed up on the lower wage, then I cannot see how she can possibly be expected to pay it back. Although she’s been there four months, it still stinks. I’d put in a call to ACAS fairly soon. Is your partner in a Trade Union? She could do far worse than to join one.

Get in touch with ACAS they will be able to assist.

Smells like constructive dismissal.

Get her to ask her manager for the job of whoever works in HR.

If she’s in her probationary period she’s probably knackered. But if not then “get to ****” would about cover it.

They can’t back claim it.

Speak to a solicitor or tell them to FO.

Either way sound like they need to put a new contact into play for the correct salary.

That’s pretty unbelievable really – they offer a job at 22k, she accepts and leaves her job and gets a contract for 22k, now they say it should have been 18k and want the difference back.

What if your partner was on 20k previously, she would now have to take a paycut.

Was salary discussed before the formal offer of job? I. E. At interview stage?

Smells like constructive dismissal.

It would be…. but …

… in a new job for the last 4 months

So it can’t be.

Sorry, should have been more clear, £22k was stated on both the offer letter and formal contract, today is the first she heard of the lower wage.

If your wife’s decision to take the role was based on the £22k, e.g. she left a well paid job to take this one then I would have thought you could have a fairly easy go at suing them. Have you got any legal cover on your home insurance?

If your wife would be chuffed with the £18k then maybe best try and smooth it over whilst avoiding repayment based on their absolute incompetence.

Sounds a bit strange. Civil service jobs often have a banding and salary points within that. The job advert would have shown that clearly?

Also, in the public sector It’s hard to get fired even as a new hire, so might be worth toughing it out

Yeah there’s no way I’d be paying the difference back, that’s their stupid mistake.

If the job was advertised as 22k, and you have a letter referencing that amount plus a contract, then I cant see how they could go down the route of “a mistake” because its not like a typo in one location. Says a lot about them as an employer; perhaps take it as an opportunity to look elsewhere again as this will likely not be the last time they pull this shit on her.

Sadly the balance of power is heavily with the employer especially at 4 months. I would definitely suggest finding legal help if she wants to continue working there or ACAS as 4k is a big difference to lose each year.

Does hr know about this managers comments ?

The contract will surely be signed by them also as well as your partner

Ie a chance for both parties to review

I know it doesn’t help in this instance, but it really is worth joining a union. I pay around £12 a month and it is nice to have that backup if it is ever needed. Companies seem to be bullying employees more and more recently.

I would suggest your wife join the u ion at her place and get them involved. The civil service bits I’ve been in have been quite tough on reclaiming overpayments however that has been when you’ve been paid above what you were to expect not when they sent out a wrong contract, you expected wages in accordance with the contract, accepted it and the money has been within the salary range. I would’ve thought she had a reasonable case not too repay it but may have to accept a corrected contract.
The prospect of being binned off for this would be quite low in the civil service it’s hard enough to get rid of people who are useless and the two year aspect doesn’t seem to make much difference.

Civil service jobs often have a banding and salary points within that. The job advert would have shown that clearly?

This and, if new to the CS, you start on the bottom. If it was one of the central government departments, i assume she’s an AO based on the pay?

Normally pay isn’t even discussed at interviews and, if new to CS, is rarely negotiable. However if i had a contract & acceptance letter saying £22k, i would expect it to be honoured.

Nuke, i know of a few people lately (given the brexit panic, massive recruitment and desperate need for ‘someone, heck anyone!’) who have negotiated themselves a start up the scale.

This and, if new to the CS, you start on the bottom

We’ve had people negotiate starting up the scales, depends on skills and needs of department

Doesnt sound like the salary was wrong/a mistake, if it was the same number referred to in various places. Sounds like they have changed their minds and decided they want to pay less.

Time to find another job I reckon, and tell them to clear off on paying any money back to them

Sounds like they have changed their minds and decided they want to pay less.

This. Who noticed the ‘error’ and why has it taken 4 months to come to light? What do they have to show the error? Take professional advice, but I certainly wouldn’t be in any mood to take a big pay cut and pay all the money back.

Sorry, should have been more clear, £22k was stated on both the offer letter and formal contract, today is the first she heard of the lower wage.

Just to double check; there was no verbal offer of the job? Or if there was it did not include information about the salary?

If so I’d be digging my heals in and both refusing to work for the reduced value or repay anything. The very most they should be expecting in these circumstances is to be able to re circle her. If the salary offer was obviously wildly out (extra zero for example) and obviously an error then fair enough, but an offer of £22K sounds perfectly reasonable and was accepted on face value.

Join the union asap, I suspect if she was already in she wouldn’t have been called in for the “chat”

The very most they should be expecting in these circumstances is to be able to re circle her.

Sorry, typo – that should have been red circle her

So they advertised, interviewed and offered the job all at £22k? And are now saying it should have been £18k and they want they money back?

That’s some brass neck, I’m surprised they are not too embarrassed to ask.

So they advertised, interviewed and offered the job all at £22k? And are now saying it should have been £18k and they want they money back?

If this is the case then surely there is now some legal recourse should they want to reduce or claim back?
That said a legal action may not keep your job, just means some compensation.