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Jenny McKenzie
Jenny McKenzie,
Category: UK Employment Law
Satisfied Customers: 5036
Experience:  10 Years of experience in Employment Law and HR
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Hi Jenny, I work in sales and I am having some trouble with

Resolved Question:

Hi Jenny,

I work in sales and I am having some trouble with my company because of account management.

Last year I sold to a client, the client was happy about the service, and after 6 months the account was moved to another colleague for the renewal (my company sells consulting services that need to be renewed every year).

At the time of the handover, I explained to my colleague that I promised the client to have an extra month of service on top of the contract ("over-promising"). My colleague was not that worried about this, and when it came the renewal time, he proposed to the client a 13-month contract with the extra month included in the new contract; he had the company authorization to do that.

The client eventually cancelled (did not renew) the service, so my colleague made a claim to my company in order to have this account out of his territory: he doesn't want to be liable for this cancellation. My company agreed with that, and not only my colleague had the account removed from his territory, but also this cancellation is going to be put IN MY TERRITORY. So after the client cancelled and without having the possibility to impact the outcome, I see my sales quota increasing because of this.

Is this legal?

Thanks a lot!!!

Riccardo
Submitted: 10 months ago.
Category: UK Employment Law
Expert:  Jenny McKenzie replied 10 months ago.
Hello and welcome to Just Answer, how long have you worked for the employer?
Customer: replied 10 months ago.

I have been working for my employer since August 2011, so 2 years and 1 month in total

Expert:  Jenny McKenzie replied 10 months ago.
Hello Ricardo, are you likely to be penalised as a result of this?
Customer: replied 10 months ago.

Hi Jenny, what do you mean exactly by being "penalised"? thanks

Expert:  Jenny McKenzie replied 10 months ago.
Will the cancellation effect your commission payment or performance rating?
Customer: replied 10 months ago.

Yes, a lot. The cancellation will have the following effects:


 


1. my target will increase, so I will have to give back commissions because these are paid proportionally to my targets


2. my targets will increase a lot, so it will be difficult to achieve them by the end of the year; this is unfair because I am going to have the highest targets in my team


3. the fact that I won't achieve my targets will have effect on my career progression because only the super-achievers are promoted in my company


4. on top of this, I will have to give back more than £6K to my company because of a special bonus put at the end of Q2 2013: the company already paid me this special bonus but now they want it back because of the cancellation

Expert:  Jenny McKenzie replied 10 months ago.
Hello, you have every reason to feel aggrieved about this. Whilst there is no law which would specifically prevent an employer from moving a job to your territory, in these circumstances it does clearly have a detrimental effect on you and so can be considered as amounting to a breach of trust or confidence particularly as you were not dealing with it at the point of cancellation.

You should raise a formal grievance to state that you consider it amounts to a breach of contract in that there is an implied duty of trust and confidence between employer and employee and as you will suffer a detriment as a result of this action this amounts to a breach of contract.

You should ask the employer to clarify that you will not be penalized for the fact that this contract was canceled which was not your fault. You should state that if they do not then you will consider your options as your future employment will clearly be implicated.

Hopefully rasing the grievance will be enough to make your employer reconsider, if the employer does not then, depending on the reasons given by the employer you should take further advice as to what to do next. I will be more than happy to assist you at that stage.

If you have any further questions please do ask. If I have answered your question I would be grateful if you would give positive feedback. Thank you and all the best.
Jenny McKenzie,
Satisfied Customers: 5036
Experience: 10 Years of experience in Employment Law and HR
Jenny McKenzie and 2 other UK Employment Law Specialists are ready to help you

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