Not Being Paid Salary in Written Contract

[Tfluff13]

Hi AllI have worked for a company for about 2 and a quarter years, my original contract I had when I started had my salary detailed and then a line saying in brackets up to 2K in bonus dependant on performance. In November of 2011, the company made changes to every employee's contract, the changes were in the back pages of the contract and were around entitlement of sick pay. I signed the new contract in December 2011, without checking the first page and the salary. I have recently wanted to look up something in my contract and upon doing so have noticed that my salary on my contract is now 2k higher than the first one and the whole line regarding bonus has been removed. I have quiered this with my manager who I am still awaiting a reply from, but I would like to know where I stand on this if anyone knows. As the contract is signed by both do they have to honour this? And if so do they have to back pay me what I have not been paid since dec 2011? Or as I think likely will thye claim it is a simple clerical mistake? Although as the change was only to the back pages there was no reason to alter salaries in the first place and not only has the amount been changed but the whole line regarding bonus been totally deleted. ANy thoughts greatly appreicated.

[Emmzzi]

so you haven't queried it for 18 months? That to me suggests you accepted it was a clerical error. ("I didn't read it" will not wash!)

[Tfluff13]

Thanks for the reply, as I said when the changes were proposed back then a letter came with all the changes to contract on so you did not have to read through the contract. I had no reason to look at the salary. As I have had a good record with my company I have not needed to look at my contract over the last 18 months. Does anybody really continually look over there contract? Therefore I did not accept it as a clerical error, I was unaware of the change ever being made.

[Emmzzi]

I read every single word of everything I need to sign, before I sign it.

 

The people asking me to sign are always astonished as so few people do. But it's generally been worth the effort, found a few things I didn't like in contracts and loan papers.

 

In this case, you chose not to read and you chose not to query - I don't think you get to shout out now. It certainly feels morally wrong!

[Tfluff13]

Ok. To be honest I thought that would be the case, but it doesn't hurt to ask the question. I really appreicate the time you have taken to help me! Having read through a good number of threads you definately seem to be clued up, I've learn't loads in the last hour. I think I may get addicted to reading these forums!! Thanks Again Emmzzi.

[Emmzzi]

Nio worries. By the way a polite question of the boss about it seldom hurts - maybe also if you haven't had a raise in those 2 years.. you may get a wee raise out of it, you never know! If you don't go in all guns blazing, you might get a result.

[IainHL]

Personally I disagree with Emmzzi.

 

If the new contract has been signed by the company as well as yourself then they should honour what they say your salary is. (I presume here from the title of your thread that you are not being paid the amount stated in your contract, even in the form of bonus payments on top of your basic over the past 21 months?) Are you in a union? If so, get them involved (it may affect all the re-written contracts). Otherwise I would suggest querying it with HR rather than (or maybe as well as) your immediate line manager.

[Emmzzi]

clearly ( a lawyer would argue) it was a known admin error, as nothing was done to rectify it.

 

custom and practice can't always just work in favour of the employee!

[steampowered]

Does your contract say that it can only be amended in writing?

 

There might be a legal argument you can run here, whether it would be successful or not if you tested it in court is another matter.