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Need Legal Advice! Please Help

Posted: Tue Jul 31, 2007 11:52 am
by MaxZ
This June, I undertook a weekly marshall job at Middlesex University to help with their graduation ceremony. I was called up 4 days prior to work, as they were short staffed, and got told on the phone that the rate of pay would be 7.35 an hour, and I agreed.

Worked from 7am until 7pm each day for 5 days.

I was meant to be given a contract during the week, in order for me to get paid by the end of the month. That hasn't happened, so I've had to wait until I received contract in the post, which resulted in a few cash flow problems for me.

Eventually I received the contract, and instead of being paid the 7.35 as agreed on the phone, it stated 6 pounds an hour! So I signed the contract and filled in the approapriate wage, this is the reply I received:

"

Hi Max,
I was informed by payroll that you had amended your hourly wage on the contract when you returned it from £6 per hour to £7.35 an hour. I'm sorry if you think there was a mix up, but the Marshal's hourly wage was in fact £6 per hour. Mario was only on £7.35 an hour as he worked as part of the graduation office in the months leading up the week of the ceremonies.
You will be paid £6 per hour as per the Marshal contract. If you wish to apply for a job within the graduation office please do so by March next year and remember to address your application to Emma MacLaren who will be back in post by then, this will warrant the higher rate, or if you'd like to apply for a Marshal position again do so by May.
Regards
Lina"

I need to know if talking on the phone is a legally binding agreement, as I believe it is in the USA. Also when at work, I was also working several jobs which didn't constitute the job requirements, such as being forced to help out the sound/audio team lug heavy boxes around, which I did.

By changing the rate of pay, my pay would go down by approximately 90 pounds which is a significant amount, not to forget all the emotional distress of being paid late, having to deal with this situation.
Someone please tell me what I can do!??

P.S. The situation is such that I've been asked to work as a favour by Mario's (my mate with a Lupo) cousin, along with 2 other people. We ALL were told 7.35, it's Lina (cousin) that told us all 7.35, but is insisting that it's 6 pounds now. Mario all along said we were getting paid 7.35, he worked at Middlesex whole summer.

Posted: Tue Jul 31, 2007 1:21 pm
by Redline
Just to get this straight: you received and signed the contract stating £6 per hour after you performed the work?

If so, then you could possibly argue that you only entered into the contract based upon the figure of £7.35.

A contract of employment can be verbal. However even then under the Employment Rights Act you're meant to be given a written statement of terms of employment.

My advice would be to write to them, explaining how you took the job based upon the figure of £7.35 and how you essentially relied upon the figure in your acceptance of a verbal contract.

Secondly, I don't think you can make an issue out of the additional tasks you had to do, as it may have been a reasonable expectation for that role.

Thirdly, "emotional distress" is not really a factor of contract law. I would concentrate purely on trying to recover the money you believe you are owed rather than turning this into some Ally McBeal drama!

Posted: Tue Jul 31, 2007 2:21 pm
by ModifiedMadness
The only thing from reading that, that I can see a problem with is proof that you were told £7.35 per hour.

If there is no record of the telephone call, then it will be your word against theirs unfortunately :(

I can imagine how you feel though Max, I'd be exactly the same.

Posted: Tue Jul 31, 2007 7:03 pm
by MaxZ
I only found out the pay rate was 6 pounds an hour when I received the contracts in the post 3 weeks after working, I crossed it out and put 7.35 and signed them. I haven't had any mention at all of the 6 pounds prior to that.