Hi

I started a job 2 months ago, and the company incorrectly on their part offered a car as part of the package. I signed the contract based on me getting a car ( not the overiding factor, but helped in the decision making) and they now want me to resign a new contract as the offer of a car was an error on their part.

Do I have any rights, based on the contract? HR want me to resign minus the car, with no questions asked. Would this contract hold if I took this to the courts? It is within an agreed probational peroid. ( 3 months). Can anyone advise of my rights regarding the contract?

Thanks

Any advice appreciated

M

Hi  Michael,

There is no easy answer to this without being able to actually read the contract you entered into.  Having said that there are some issues that could impact on you and the decision you make.

The first thing to bear in mind is the fact that you only have a couple of months service, which is not enough to pursue a tribunal claim for unfair dismissal.  With this in mind the company could terminate your contract by following its notice provisions and there would be little that you could do.

The probation period will only impact here if there are specific clauses within it about the amount of notice to be given, etc.  It is perfectly normal for there to be a shorter notice period during probation and a longer one afterwards.

HR are asking you to resign because it is the option that preserves the relationship between you.  If they took unilateral action against you then you would probably walk away, thus wasting all of the time, effort and cost that went in to recruiting you.

You have a couple of choices - do nothing and force their hand, agree and change your contract for one without a car or go back to them and try and negotiate a compromise which is acceptable to you both.  You have nothing to lose on the last option, after all the worst that can happen is that they say no.

Good luck.

Dave Gilfillan