Dodgy Dealings in Contracts

[Blood Lust]

Many years ago I saw an employer send sales reps who would chat a lot of BS to business customers, and they would sign the contract without what was written on them, and because of business law they were trapped.

My question is what happens if an employer mails an employee two copies of a contract, one to sign and return, and the company hasn`t yet signed it themselves. If the employer decides to `rewrite the contract` using word, and it looks almost identical, and the company receives it back and signs it, then does the employee have the business trapped?

For instance if their job is £40,000 per year and they increase it to £50,000 and the company doesn`t notice, and signs, what can they do?

 

[eteb3]

Interesting question.

A contract under hand (ie not a deed) is technically a memorandum of the agreement, not the agreement itself. So if the company can show that it never agreed to the higher figure (regardless of what it signed on the page) the lower figure would apply.

The kicker: employment contracts are founded on trust and confidence, and an irreparable breakdown in trust and confidence is grounds for treating the contract as discharged (hence, eg, summary dismissal for gross misconduct).

So as soon as Mr Dodgy’s dodgy dealing is discovered, his salary is likely to fall to £0.

 

[Blood Lust]

Interesting question.

A contract under hand (ie not a deed) is technically a memorandum of the agreement, not the agreement itself. So if the company can show that it never agreed to the higher figure (regardless of what it signed on the page) the lower figure would apply.

The kicker: employment contracts are founded on trust and confidence, and an irreparable breakdown in trust and confidence is grounds for treating the contract as discharged (hence, eg, summary dismissal for gross misconduct).

So as soon as Mr Dodgy’s dodgy dealing is discovered, his salary is likely to fall to £0.

So if they never put the wage rate on the job advert, and never mentioned it anywhere in writing, then the employee could do that?

If they do a breach of Trust and Confidence and have no proof it wasn`t a mistake by them, and the employee asserts thats what was verbally agreed (as in lies) what would they do?

 

[eteb3]

This is far too theoretical, though, isn’t it? There’s a whole bunch of evidence to show the contact has been altered: employer’s server copy, interview notes, usually more than one interviewer, memo to payroll, forensic comparison of doctored contract vs the original, etc

And the employee would have to challenge the “underpayment” at the end of the first month at the very latest, when memories are still fresh.

 

[fisicx]

It has happened. It was to do with a loan or credit card, can’t remember which. The customer reworded the contract, saved as a pdf signed and sent back to the bank. He won and the bank lost because they signed the contract.
But it was back in 2013 so the law may have been changed.

 

[eteb3]

I doubt the law has changed: these are common law principles on formation of contract.

I just can't imagine it working in an employment context.

Elsewhere, yes. (See "battle of the forms", passim)

 

[OldSmokey]

Just out of interest , what if the employer has stated that the job offer is for an amount less than the minimum wage , but we might look at it at some time in the future ?

 

[IanSuth]

Just out of interest , what if the employer has stated that the job offer is for an amount less than the minimum wage , but we might look at it at some time in the future ?

Then that employer is very silly as they just admitted to trying to break the law

I wouldnt be looking at that level but if a child of mine showed me a contract listing a below min wage salary i would suggest they reply saying "I think you may have sent me an old version of the contract as this appears to show a rate below the current legal minimum"

Either a swiftly amended contract would arrive or a lucky escape

 

[Newchodge]

Just out of interest , what if the employer has stated that the job offer is for an amount less than the minimum wage , but we might look at it at some time in the future ?

They will be committing a criminal offence.