Rules on a new-job offer

[Welshbird]

One of my ex-colleagues has been interviewed for a new job within his current company.

He was successful (yey!) and has just received his offer letter.

However, the T&C's for the new job are much less favourable than for the job he currently has with the same organisation; e.g. his notice period (on both sides) is currently 3 months and his offer letter says 1 week. His holiday entitlement is currently 25 days, and in the letter is now 21 days.

Is this quite legal in the UK?

I'd appreciate any advice you have that I might pass on.

Thanks

Fee

The question should be [red]Is it worth trying to do?[/red] not [blue] Can it be done?[/blue]

 

[Stella740pl]

The offer usually comes after the interview and the negotiation process - was it in that order for him, too? He probably made a mistake of discussing only salary, and just assuming that all other benefits and perks will stay at least the same if not better.

If this is the case, I think he might still call the hiring manager and very politely let him know that they probably were not aware of the discrepancy (of course they did - but he shouldn't accuse), but his new benefit package is actually worse than he used to have, and it decreases the value of the offer for him, since his total compensation doesn't improve that much. He should acknowledge that he made a mistake of not mentioning the benefits in the negotiation process, but he would like to go over it before he makes a decision on the offer.

If this goes smoothly, he might be able to get a new written offer. If not, I don't think it will affect his current position with the company, but just in case, does he have an alternative offer?

It might also be that the company has a policy of treating all the hires as new hires, and to give them a benefit package that will improve after so and so many years.

 

[AndrewTait]

From what I remember from when I was doing a foriegner at a solicitors in Manchester, whilst having concerns about a take over of the company was working for, the only legal regulations regarding benefits etc, is when a company is taken over, and therefore the new owners have to honour the t's&c's of a persons contract for so long afterwards.

If you apply for a new job (either inside or outside your current organisation) then they are quite within their rights to change the terms and conditions.

For example, if you went from a tech job with overtime, to a management position, it is generally accepted that your new terms and conditions will not have the over time element in it, but may have a company car.

I suspect that the 1 week notice is for a probationary period, very few companies would want to loose a valued employee with a weeks notice.

As for the 21 days holiday, I suspect that if your friend contacts the manager who sent the offer, under the pretext of clarifying the notice period/probation period, he/she just drops into conversation that whilst the offer is very tempting, it would be great if the holidays matched his/her current 25 days. You will be suprised at how often this will be changed, as although there is an indirect cost (paying someone who is not sat at their desk), it is hidden from the balance sheet, in the sense that it is not an extra £1000 on the salary budget, or £500 on the medical insurance budget.

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You may think if it isn't broke, don't fix it. Engineers think that if it isn't broke, it doesn't have enough features yet!
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[lespaul]

I'm sure it's an equivalent of "perks and benefits", but, what's "T&C's"....

some poor ignorant bloke on the other side of the pond....

Leslie

 

[AndrewTait]

Terms and conditions

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You may think if it isn't broke, don't fix it. Engineers think that if it isn't broke, it doesn't have enough features yet!
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[rosieb]

Fee

As this is UK, it would be worth him checking with Citizens' Advice...

I'm fairly sure that T&C's can be varied in either direction on an internal move, however there are statutory periods for notice:

The minimum legal notice period to be given by an employer is:

* one week's notice if the employee has been employed by the employer continuously for one month or more, but for less than two years
* two weeks' notice if the employee has been employed by the employer continuously for two years, and one additional week's notice for each further complete year of continuous employment, up to a maximum of 12 weeks

An internal transfer would count as continuous service.

It sounds like your friend got the standard offer that would be given to external candidates.

In his position, I'd make a a phone call to "clarify" the position. If they really want him, they'll probably increase the holiday, and maybe the notice period.


Rosie
"It doesn't matter how beautiful your theory is, it doesn't matter how smart you are. If it doesn't agree with experiment, it's wrong." Richard Feynman

 

[Welshbird]

Thanks Rosie (et al). I'll pass that all on.

Fee

The question should be [red]Is it worth trying to do?[/red] not [blue] Can it be done?[/blue]