#Employment : decision letter incorrect

[employmenthelpplz]

I wonder if you could give comments on an issue following a recent appeal against a disciplinary hearing.

Following an appeal against the decision to give me demotion/paycut lasting 24months the panel reduced it to 14months, but on my official letter from the employer they have missed out the 1 and it just reads 4months.

The letter is signed by the head of HR and states there is no appeal against this decision.

Now, this means my punishment is now over as it happened last September.

I intend to wait a few months and if I havent been given back my money then will say "I should have been paid from January" .. at this time they will realise their mistake.

 

To me, the letter is the official outcome and if it states 4months - regardless of if it is a typo or not then the 4months should apply as to change it later is a material change to the outcome.

 

Just interested in your comments/views

Thx

[elpulpo]

Well, it's worth a try.

I doubt very much they'll agree and pay you. You'll then be left with the task of going through the company grievance procedure, and then making an application to ET claiming unlawful deduction of wages.

I really wouldn't fancy your chances of successfully winning the argument that because an official letter said '4' rather than '14' that your pay should be reinstated. Your employer will just explain that it was a typo, the people who imposed the sanction will give evidence to say that it was 14 months, not 4, the ET will give them the benefit of the doubt, and you'll lose.

And knacker your relationship with your employer in the process.

The legal system doesn't like people benefiting from the innocent mistakes of others.

 

BUT

 

Is there contractual provision for your employer to demote/cut pay as a disciplinary sanction?

If not, they're arguably in breach of contact and contravening Section 13 ERA1996. Then you've got a good argument.

[employmenthelpplz]

Thanks for this, yes I work for a local council and it does give them the right to do it.

 

I am just confused, the letter from the appeal hearing does state they consider the original decision to be too harsh and therefore reduced the penalty to 4months.

 

If I did something else wrong say next week then they could say "you are on a warning/demotion - so no more chances and you are out".

 

I suspect this is what they are aiming at, my manager has made it clear that my days are numbered and they are annoyed that I am still there (personal issues getting in place of work) - I would love them to try and stitch me up thinking I still on this warning/demotion only for me to say "ermmm, nope not on it anymore".

[elpulpo]

As I said, I think you'd struggle to successfully argue that the sanction is spent merely because there is a typo in the letter.

You say, "my manager has made it clear that my days are numbered". Can you substantiate any of his comments, etc? It might be worth raising a grievance about him if he's making such threats.

Best thing to do is keep your nose clean, and if the working relationship is badly soured try and find alternative employment now rather than if/when you lose your job.