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Provisional Offer of Employment and Reduction of Salary before the starting date.

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  • Provisional Offer of Employment and Reduction of Salary before the starting date.

    Hello all,

    An agency approached me 2 weeks ago on behalf of an employer, offered £9.33 per hour but not mentioned that is a provisional offer. I have attended to the interview and I have been contacted on the 24th of January 2015 further with the following:

    '' Further to our conversation, please find below details of the provisional offer of the assignment:
    · Payment Rate £9.33 per hour (Please note that this rate is inclusive of holiday pay)
    · Start Date Monday 1st February
    · End Date Friday 29th April
    · Description of Services to be Provided Customer Service Advisor
    · Location Stevenage
    · Hours / Days per week 37.5 hours
    · Overtime N/a
    · Notice Period 1 week
    This provisional offer is subject to the following:

    · Final Client approval
    · Proof of eligibility to work in the UK
    · Satisfactorily completion of the onboarding process (see attached documentation)

    AMS and the Client reserve the right to withdraw the above offer, with immediate effect and without liability to AMS or the Client, for any reason whatsoever and in particular, in the event that any of the aforementioned approvals or clearances are not granted, or that any references obtained are not satisfactory, or if the contractor does not have the requisite qualifications or eligibility to work in the UK. ''.

    Based on the above information, I have accepted the offer. On the 27th of January, I have been informed that all documents are accepted and there is clearance for me to start working however, there was a mistake to end of contract date. It is amended for the 22nd of April. I agreed with this under the excuse of ''human error'' on their behalf, its fine with me. Today, they contact me via phone to inform me that actually the offer on behalf of their client has changed and the pay rate has been reduced to £8.97!

    I feel completely blackmailed as my starting date is on Monday the 1st of February and I have of course withdrawn all other dates for interviews. I asked them why they are doing this just a few working hours before my starting date. They said that is a provisional offer and it could be subject to change? Is that correct? Shouldn't the agent provide me with a contract before my starting date? Never heard of provisional offer before. If I start working, shouldn't that change to an offer and a contract?

    I have called AKA on 0300 123 11 00 and they said that actually its up to me to accept the offer now or not and if the case was taken to court I have to prove that there is a loss for me. But I don't understand, since I meet all the requirements what gives them the right to ''amend'' the offer by dropping the salary rate? What options are left for me since I have dropped all other possibilities for potential employment? AKA would not comment on this.

    Can you please advise me?

    Many Thanks in advance in advance for all your assistance
    Tags: None

  • #2
    Re: Provisional Offer of Employment and Reduction of Salary before the starting date.

    Originally posted by Reducto View Post
    Hello all,

    An agency approached me 2 weeks ago on behalf of an employer, offered £9.33 per hour but not mentioned that is a provisional offer. I have attended to the interview and I have been contacted on the 24th of January 2015 further with the following:

    '' Further to our conversation, please find below details of the provisional offer of the assignment:
    · Payment Rate £9.33 per hour (Please note that this rate is inclusive of holiday pay)
    · Start Date Monday 1st February
    · End Date Friday 29th April
    · Description of Services to be Provided Customer Service Advisor
    · Location Stevenage
    · Hours / Days per week 37.5 hours
    · Overtime N/a
    · Notice Period 1 week
    This provisional offer is subject to the following:

    · Final Client approval
    · Proof of eligibility to work in the UK
    · Satisfactorily completion of the onboarding process (see attached documentation)

    AMS and the Client reserve the right to withdraw the above offer, with immediate effect and without liability to AMS or the Client, for any reason whatsoever and in particular, in the event that any of the aforementioned approvals or clearances are not granted, or that any references obtained are not satisfactory, or if the contractor does not have the requisite qualifications or eligibility to work in the UK. ''.

    Based on the above information, I have accepted the offer. On the 27th of January, I have been informed that all documents are accepted and there is clearance for me to start working however, there was a mistake to end of contract date. It is amended for the 22nd of April. I agreed with this under the excuse of ''human error'' on their behalf, its fine with me. Today, they contact me via phone to inform me that actually the offer on behalf of their client has changed and the pay rate has been reduced to £8.97!

    I feel completely blackmailed as my starting date is on Monday the 1st of February and I have of course withdrawn all other dates for interviews. I asked them why they are doing this just a few working hours before my starting date. They said that is a provisional offer and it could be subject to change? Is that correct? Shouldn't the agent provide me with a contract before my starting date? Never heard of provisional offer before. If I start working, shouldn't that change to an offer and a contract?

    I have called AKA on 0300 123 11 00 and they said that actually its up to me to accept the offer now or not and if the case was taken to court I have to prove that there is a loss for me. But I don't understand, since I meet all the requirements what gives them the right to ''amend'' the offer by dropping the salary rate? What options are left for me since I have dropped all other possibilities for potential employment? AKA would not comment on this.

    Can you please advise me?

    Many Thanks in advance in advance for all your assistance
    In legal theory, when an employer makes an offer (ie the offeror) and other accepts (the offeree) the first offer, it is at that point of acceptance a contract. For a contract the terms of acceptance must mirror the terms of offer. If the employer subsequently changes the terms, it matters not as the first contract is binding. Once acceptance has taken place the offeror cannot introduce any new terms to take effect in the future which could not be known about until the future. The loss seemingly would be expectation loss. If you have the first offer in writing there is your proof. Sometimes people use a Dictaphone to record covertly what the prospective employer says so they cannot latter deny it.

    Comment


    • #3
      Re: Provisional Offer of Employment and Reduction of Salary before the starting date.

      Your post #1 does show the words " Provisional Offer" of assignment??

      nem

      Comment


      • #4
        Re: Provisional Offer of Employment and Reduction of Salary before the starting date.

        Hello Open Law, thank you for your prompt reply. I had a conversation with the agent and basically they insist that since the contract was not released to me and not signed, their client has every right to amend or withdraw the offer because it was provisional. Having said that. I have in writing via email that they offered me £9.33 and not £8.97. is this sufficient to raise a complaint?

        Many Thanks

        Comment


        • #5
          Re: Provisional Offer of Employment and Reduction of Salary before the starting date.

          £9.33 per hour (Please note that this rate is inclusive of holiday pay)


          I think that wants looking at.

          Sorry I have to go out so really just flagging it up.
          #staysafestayhome

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

          Comment


          • #6
            Re: Provisional Offer of Employment and Reduction of Salary before the starting date.

            Originally posted by Reducto View Post
            Hello Open Law, thank you for your prompt reply. I had a conversation with the agent and basically they insist that since the contract was not released to me and not signed, their client has every right to amend or withdraw the offer because it was provisional. Having said that. I have in writing via email that they offered me £9.33 and not £8.97. is this sufficient to raise a complaint?

            Many Thanks
            Writing is writing....if they signed (i typed their name) - it is an intention to be legally bound, or in legal words, 'commercial intention,' it would seem, based on case law (below). The date is already provided through the email system.

            NB: L’Estrange v F. Graucob Ltd [1934] 2 KB 394
            Last edited by Openlaw15; 29th January 2016, 16:47:PM. Reason: law

            Comment


            • #7
              Re: Provisional Offer of Employment and Reduction of Salary before the starting date.

              Originally posted by Openlaw15 View Post
              Writing is writing....if they signed (i typed their name) - it is an intention to be legally bound, or in legal words, 'commercial intention,' it would seem, based on case law. The date is already provided through the email system.
              NB: L’Estrange v F. Graucob Ltd [1934] 2 KB 394

              Comment


              • #8
                Re: Provisional Offer of Employment and Reduction of Salary before the starting date.

                Originally posted by Reducto View Post
                Hello Open Law, thank you for your prompt reply. I had a conversation with the agent and basically they insist that since the contract was not released to me and not signed, their client has every right to amend or withdraw the offer because it was provisional. Having said that. I have in writing via email that they offered me £9.33 and not £8.97. is this sufficient to raise a complaint?

                Many Thanks
                Bare in mind it's only about £12 a week ..say just £600 a year

                Comment


                • #9
                  Re: Provisional Offer of Employment and Reduction of Salary before the starting date.

                  I understand completely, the amount is not what bothers me but if only what are they doing is legal. They could do this to other people as well. Perhaps these money are going in their pocket when initially were offered to us?

                  - - - Updated - - -

                  thank you so much. Can you please advise me further when is convenient for you ?

                  - - - Updated - - -

                  Thank you so much, can you please explain me the phrase '' The loss seemingly would be expectation loss. ''?

                  - - - Updated - - -

                  correct. Provisional offer of assignment.

                  Comment

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