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Contract superseding offer letter terms

Laura

Does anyone have any experience of an offer letter noting that "The Terms and Conditions of Employment will supersede the Outline Terms in this Offer Letter"? I've recently received an offer letter that has this clause, and I'm not too keen on agreeing as it feels as though I'm expected to agree to the stated terms, leave my current position, etc. and potentially find out that the terms have radically changed by the time a contract is issued... 

For context, this company is currently outsourcing their HR, and there are other issues with the offer that I will request to be changed before I can consider the offer (particularly, stating that my T&Cs of employment will be issued within three months of employment). I don't think the company itself is intending any malice and they're simply using a template provided to them, but I'm not willing to take that risk.

If anyone has any experience of the above clause, and how much it can really override from the initially agreed terms through an offer letter, I'd be grateful for any and all input!

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  • No, I've not seen this before. But it sounds like something a business would insert after someone made a mess up in the offer letter and ended up being held to account in court for that wording later on. It would be very odd to see a radical change in the offer between the offer letter and the statement of particulars, but this kind of clause is supposed to clarify that, in the event of a discrepancy, the contract trumps the letter.

    All the same, I would agree with Peter that it would make sense, given the wording, to refuse to accept any offer until you can see the actual offer and, in this case, the offer is the contract not the letter.
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  • No, I've not seen this before. But it sounds like something a business would insert after someone made a mess up in the offer letter and ended up being held to account in court for that wording later on. It would be very odd to see a radical change in the offer between the offer letter and the statement of particulars, but this kind of clause is supposed to clarify that, in the event of a discrepancy, the contract trumps the letter.

    All the same, I would agree with Peter that it would make sense, given the wording, to refuse to accept any offer until you can see the actual offer and, in this case, the offer is the contract not the letter.
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