Job terms differing from offer

Understanding the legal starting point

The first thing to work out is what was actually agreed, because a job advert and a formal offer are treated very differently in law.

A job advert is generally not a binding offer. It is usually treated as an “invitation to treat” (an invitation to apply), not a promise you can hold the employer to. So if the advertised pay, hours or duties differ from what you are later offered, that alone is usually not a breach of anything, though a seriously misleading advert could in some cases amount to a misrepresentation.

A formal offer that you accepted is different. As soon as you accept a job offer, you have a legally binding contract, even if nothing has yet been put in a signed document. The offer letter, any written terms, emails and what you discussed and agreed all form the terms of that contract. If the employer then pays you less, gives you different hours, or requires materially different duties from what was agreed, that is potentially a breach of contract.

So the key distinction is: are you comparing your treatment against a mere advert, or against terms that were actually agreed between you? That determines whether you have an enforceable complaint or only a moral one.

Your right to written terms

Whatever was said verbally, you are entitled to a written statement of the main employment particulars. This is now a day-one right for both employees and workers, so it applies even to short-term or casual student jobs. The principal statement must set out at least your pay (how much and how often), your hours and days of work and whether they can vary, your job title or a description of the work, your holiday entitlement, place of work, and any probation period.

If you have not been given this, ask for it in writing. It is very useful evidence, because it pins down what the employer itself says the agreed terms are, and it makes any later discrepancy much easier to demonstrate.

Where the change is to pay

If you are being paid less than the agreed rate, or hours you actually worked are not being paid, that is likely an unlawful deduction from wages as well as a breach of contract. Employers generally cannot pay less than what was agreed unless your contract clearly allows it, you have given written consent, or it is required by law (such as tax).

Separately, check the National Minimum Wage. Being a student does not reduce your minimum wage entitlement. Your rate depends on your age, and from age 21 you are entitled to the National Living Wage rate. Unpaid “trial shifts”, unpaid training that is really work, and time spent opening up or closing down can all count as working time that must be paid. If the real rate falls below the minimum wage once you account for all hours worked, that is a separate and serious breach.

Where the change is to hours

Whether the employer can change your hours depends on what your contract says. If your agreed hours are fixed and the employer cuts or increases them without your agreement, that is generally a breach. If your contract genuinely provides for variable hours, or you are on a zero-hours or casual arrangement, the employer usually has more flexibility, though it still cannot contradict any minimum it promised you. Read the exact wording of any variation, flexibility or “as required” clause carefully, because that is usually decisive.

Where the change is to duties

Employers can usually ask you to do tasks reasonably within the scope of your role, and many contracts include a clause allowing reasonable changes or “other duties as required”. A material change to the fundamental nature of the job, however, such as being hired for one role and then made to do a substantially different or lower one, can be a breach of contract. The question is whether the new duties are within the reasonable range of what you agreed to, or a fundamental departure from it.

Missing facts that affect the answer

The right advice depends on several things you should pin down:

1. What exactly was promised, and in what form (advert only, written offer, verbal agreement, or signed contract)?

2. Have you started work yet, and if so how long have you been there?

3. What does any written statement or contract actually say about pay, hours, duties and variation?

4. Are you classed as an employee, a worker or genuinely self-employed? Most students in typical jobs are employees or workers, which gives you minimum wage and unlawful deductions protection regardless of contract length.

5. Is the difference a one-off error or a deliberate ongoing change?

An innocent administrative explanation is common, for example a payroll error, a misremembered rate, or a rota that has not settled yet. It is worth raising the issue on that footing first before treating it as a deliberate breach.

Practical steps in a sensible order

1. Gather your evidence. Keep the advert, the offer letter or email, any messages agreeing pay or hours, your rota, your timesheets and your payslips. Screenshot the original advert if it is still online.

2. Raise it informally first. Speak to your manager or the employer, point to the specific term agreed, and ask them to correct it. Many discrepancies are resolved at this stage.

3. Put it in writing. If an informal request does not work, send a short, calm written message or email setting out what was agreed, what is actually happening, and what you want put right. This creates a clear record and often prompts action. You can frame it as a formal grievance if the employer has a grievance procedure.

4. Ask for your written statement of particulars if you have not had one.

5. Contact Acas. The Acas helpline gives free, confidential advice on pay, hours and contract disputes, and Acas provides early conciliation, which is a required step before most employment tribunal claims and can resolve matters without a hearing.

Formal routes if it is not resolved

If informal steps fail, the route depends on the type of claim.

For unpaid or underpaid wages, you can bring an unlawful deduction from wages claim in the employment tribunal. There is no minimum length of service for this. Note the time limit: generally three months less one day from the deduction (or the last in a series of deductions), and you must start Acas early conciliation before lodging a claim. Tribunal claims currently have no issue fee.

For minimum wage underpayment, you can also report the employer to HMRC, which can investigate and require arrears to be paid plus penalties.

For a breach of contract concerning hours or duties, an employment tribunal breach of contract claim is generally only available once your employment has ended. While still employed, a contract claim would have to go to the civil courts (typically the small claims track for lower-value sums), though in practice the wages and minimum wage routes above cover most pay disputes.

If you feel forced to resign because of a serious breach, be cautious: constructive dismissal claims are difficult and usually need two years’ continuous service, which most students will not have. Take stock before resigning.

Practical perspective

For a student job, weigh the value of what you are owed against the time, stress and effect on the working relationship. For a clear pay shortfall the informal-then-written-then-tribunal route is usually worthwhile and low cost. For hours or duties disputes where the contract gives the employer flexibility, your realistic leverage may be limited, and the most practical outcome is often a negotiated correction, a reference to what was originally agreed, or simply deciding whether the job is worth keeping on the actual terms offered.

If you tell me exactly what was promised, in what form, what is now happening, and whether you have started work, I can give you a more precise view on whether you have an enforceable claim and which route fits best.