Employer legal help required

[h4rvy]

We are a manufacturing company and over the past 12 months our "contracts manager" has complained that he "wants to go back on the tools" as he is sick of his position ( which he has carried out over the past 3 years) so we offered him to step down his role with a new pay and overtime structure to which after a weekend thinking it over and discussing with his wife he agreed so we put in writing our agreement and everyone was happy.
We found a new "contracts manager" so was going to start in approx 4 weeks time but as he was about to start his existing company offered him a pay rise and he decided to stay put.
Now our contracts manager says he has changed his mind and will "still" step down but now wants more money and no overtime structure - what can we do ?.

[Firefoot]

Your current contracts manager asked to step down to a lower position with a lower rate of pay, you made such an offer and he has accepted this in writing? If so I would not be budging, and would advertise for a new contracts manager and go ahead with the move at the agreed rate of pay and overtime structure.

If you have documented the issue well, then your current contracts manager is in no position to make demands. I would prefer to see someone walk than be held to ransom and I have held my position in negotiations with an employee in similar circumstances.

Edited by Firefoot on Sunday 16th May 17:45

[Van Diesel]

h4rvy said:

Now our contracts manager says he has changed his mind and will "still" step down but now wants more money and no overtime structure - what can we do ?.

You can consider the request and may choose to accept or decline the variation to contract.

[h4rvy]

Van Diesel said:

h4rvy said:

Now our contracts manager says he has changed his mind and will "still" step down but now wants more money and no overtime structure - what can we do ?.

You can consider the request and may choose to accept or decline the variation to contract.

Obviously we will have to decline but he says he has taken legal advice and there is nothing we can do ?.

[spikeyhead]

h4rvy said:

Van Diesel said:

h4rvy said:

Now our contracts manager says he has changed his mind and will "still" step down but now wants more money and no overtime structure - what can we do ?.

You can consider the request and may choose to accept or decline the variation to contract.

Obviously we will have to decline but he says he has taken legal advice and there is nothing we can do ?.

Do you have in writing that he has accepted the new position and salary?

[h4rvy]

spikeyhead said:

h4rvy said:

Van Diesel said:

h4rvy said:

Now our contracts manager says he has changed his mind and will "still" step down but now wants more money and no overtime structure - what can we do ?.

You can consider the request and may choose to accept or decline the variation to contract.

Obviously we will have to decline but he says he has taken legal advice and there is nothing we can do ?.

Do you have in writing that he has accepted the new position and salary?

The monday he came in to work and agreed to the new position we gave him a letter confirming everything "we agreed" to - that was approx 5 weeks ago , I did not expect a letter from him as everything was agreed and confirmed.

[Firefoot]

It would have been better if he had signed an agreement to the change. However, you confirmed the agreement in writing to him, he continued to work without raising any objections for five weeks. Make sure you document what has happened and then you either accept his proposal or decline. It seems as though you wish to decline, so your choice is either to leave him in current post, or push ahead with the change on the previously agreed terms.

I would go ahead if it were one of my staff. I would also have a documented meeting with them about trust and confidence. If you made them an offer and then went back on your word the employee would soon be claiming constructive dismissal, breach of contract and all sorts. I would remind the employee of this in no uncertain terms.

[Van Diesel]

^^ agree with firefoot

Furthermore, you appear to have an employee with questionable values who has stated he has sought legal advice and there is "nothing you can do about it". Will you challenge him on the detail of this?

It seems too similar to the one about "my mate down the pub/wife/neighbour works in HR and says.......".