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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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  • It's really odd, but I guess it's logical. If you accept the offer, the contract is formed now. Ideally they'd send you the full contract at this point too, so there's no room for misunderstanding - if not, when they do and you sign that contract, you would be accepting more detailed terms and (if at odds with the initial offer) would be considered agreed by you signing that contract. So, logical that a later agreement would trump an earlier agreement - but the need to spell that out is concerning.

    Definitely shows that they need you in post and getting this sorted for them, rather than outsourcing to an HR service that isn't meeting their legal requirements!
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  • It's really odd, but I guess it's logical. If you accept the offer, the contract is formed now. Ideally they'd send you the full contract at this point too, so there's no room for misunderstanding - if not, when they do and you sign that contract, you would be accepting more detailed terms and (if at odds with the initial offer) would be considered agreed by you signing that contract. So, logical that a later agreement would trump an earlier agreement - but the need to spell that out is concerning.

    Definitely shows that they need you in post and getting this sorted for them, rather than outsourcing to an HR service that isn't meeting their legal requirements!
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