UK Law

Get UK Law Questions Answered by Verified Experts

Ask an Expert,
Get an Answer ASAP!

I have worked with an American owned Company (UK based) from…

Customer Question
I have worked with an...
I have worked with an American owned Company (UK based) from Jan2010. My job title was Telemarketing Executive. I was provided a basic salary (increased annually) a yearly incentive payment (paid in Dec dependant on achieving Key Performance indicators) and a monthly commission paid when achieving monthly goals.
My boss asked me into his office on 25th March 2012. He confirmed to me that my package was changing, my commission payments were no longer being paid.
He provided me with no documentation and did not confirm what my new salary was going to be.
I have now received a document (A4) confirming my job role is changing. I will no longer be a Telemarketing Executive, I will now be a Market Development Executive.
My next pay date is 25th April 2012, and I have received no formal communication from the Company of what my new salary package will be.
I am concerned I will no longer be earning the same level of earnings as I have been. I have been given no consultation on this and I am interested to understand if this is legal.
Submitted: 6 years ago.Category: UK Law
Show More
Show Less
Ask Your Own UK Law Question
Answered in 4 minutes by:
4/10/2012
Solicitor: Ben Jones, UK Lawyer replied 6 years ago
Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 51,567
Experience: Qualified Solicitor
Verified
Hello and thank you for your question, which I will be happy to assist you with. Please let me know what is their justification for this?
Ask Your Own UK Law Question
Customer reply replied 6 years ago

Ben,

There are a number of reasons why the Organisation wishes to change the role/salary package.

Currently our commission payment for generating new leads for the organisation are uncapped.

This change may be a way to either reduce overall earnings ( this is a Global change for our role) OR it may be a strategic decision. My boss has confirmed to me that the reason for the change is due to the fact that our CEO dislikes commission payments as a reason to incentivise, and 'hires people to do a good job'. The idea here being that he will pay a basic salary, no commission and then reward with an incentive at the end of the year (50% dependant on your own Key objectives, and 50% dependant on the Global profit).

IN other words, I have had no justification either by e-mail or in writing for not only the change in payment structure, but also the job role.

Customer reply replied 6 years ago

For Ben Jones Only,

Ben, I am just wondering if you have received my answer to your question and if you require any further information?

Regards

Solicitor: Ben Jones, UK Lawyer replied 6 years ago
Apologies for the slight delay, I experienced some temporary connection issues earlier.
It appears that your employment terms and conditions are changing. There are several ways in which an employer may try and introduce changes to an employee’s contract of employment:
1. By receiving the employee’s express approval to the changes (not always necessary if there are collective agreements in place, which have been negotiated by a recognised Trade Union and which is the employee is bound by).
2. By forcefully introducing the changes (called unilateral change of contract).
3. By giving the employee notice to terminate their employment and then offer them immediate re-engagement on the new terms.
If the employee agrees to the changes then that would usually put an end to the matter.
If the changes are introduced forcefully then the following options are open to the employee:
1. Accept the changes, start working on the new terms and not take the matter any further.
2. Start working on the new terms but making it clear to the employer (preferably in writing) that they are working ‘under protest’. This means that the employee does not agree with the changes but is only working them because they are forced to. In the meantime try and resolve the issue either by informal discussions or by raising a formal grievance. At the same time, the employee can bring in a claim for breach of contract in the civil courts or, if the changes relate to a reduction in pay, a claim for unlawful deduction of wages in an employment tribunal.
3. If the changes amount to a fundamental breach of contract (i.e. a change that affects at least one of the key contractual terms, such as pay, place of work, etc.) the employee may wish to consider taking the final step of resigning and claiming constructive dismissal. The resignation must be done without undue delay so as not to give the impression that the changes had been accepted. The claim must be submitted in an employment tribunal within 3 months of resigning and is subject to the employee having at least 1 year’s continuous service.
Finally, if the employment is terminated and the employer offers re-engagement on the new terms that could potentially amount to unfair dismissal. However, the employer can justify the dismissal if they had a sound business reason for dismissing an employee who refuses to accept the variation in terms. If no such reason exists, the employee can make a claim for unfair dismissal in an employment tribunal. The same time limit of 3 months to claim and the need to have 1 year’s continuous would apply.
Sometimes employment contracts may try to give the employer a general right to make changes to any term of the employee’s contract. As such clauses purport to give the employer carte blanche to change any term of the employment relationship, so as to evade the general rule that changes must be mutually agreed, courts will rarely enforce such clauses. Nothing but the clearest language will be sufficient to create such a right. Any attempt to rely on such clauses will still be subject to the requirement of the employer to act reasonably and in the spirit of the mutual trust and confidence relationship it enjoys with its employees.
Please press Accept for the advice given so far. If necessary, I can then provide further advice and guidance as required and answer any specific questions you may have. Thank you
Ask Your Own UK Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 51,567
51,567 Satisfied Customers
Experience: Qualified Solicitor

Ben Jones is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Ben Jones

Ben Jones

UK Lawyer

51,567 satisfied customers

Qualified Solicitor

INC

INC

Solicitor-Advocate

3,868 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

Jenny Mackenzie

Jenny Mackenzie

2,760 satisfied customers

Over 10 years experience in general legal matters

Matthew J

Matthew J

Solicitor

334 satisfied customers

4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience

James Mather

James Mather

7,349 satisfied customers

Senior Partner at Berkson Wallace

Clare

Clare

Solicitor

9,513 satisfied customers

family solictor with 25 years experience

Thomas

Thomas

Lawyer

2,177 satisfied customers

BA (Hons), PgDip, Practising Solicitor

< Previous | Next >

Related UK Law Questions
, can may employer refuse to pay my commission previous
Hi, can may employer refuse to pay my commission for the previous month. They are pointing to my T&C's of employment that say commisssions are subject to change or review by management at any time… read more
Jenny Mackenzie
Jenny Mackenzie
Vocational, Technical or Trade Scho
2,760 satisfied customers
Hi I have resigned from a Sales Manager role and given 4 weeks
Hi I have resigned from a Sales Manager role and given 4 weeks notice. I am paid commission, payable monthly in arrears. My commission for the month of November (my last day is Nov 27th) is £1,300. My… read more
Jenny Mackenzie
Jenny Mackenzie
Vocational, Technical or Trade Scho
2,760 satisfied customers
In 2005 I held a position with salary of £35k plus 10% commission.
In 2005 I held a position with salary of £35k plus 10% commission. In 2008 I was told that I had to accept a 25% pay cut on both salary and commission which, even though challenged, I am still on. I h… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
51,567 satisfied customers
I am being forced out of my job after taking stress leave,
I am being forced out of my job after taking stress leave, the company have offered a tax-free "termination payment" which amounts to a fraction of money owed to me by the company through commission e… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
51,567 satisfied customers
How to get (Ex)Employer to pay owed money? I have a very
How to get (Ex)Employer to pay owed money? I have a very important question regarding an employer dispute on behalf of a relative who is not able to get online at the moment & we hope someone can help… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
51,567 satisfied customers
My current employer has rewritten the commission plan for 2011
My current employer has rewritten the commission plan for 2011 including a huge drop in Commission %'s along with a new clause which states that all commission will NOW only be paid once the client ha… read more
Jenny Mackenzie
Jenny Mackenzie
Vocational, Technical or Trade Scho
2,760 satisfied customers
I will be handing my resignation to my employer tomorrow. I
I will be handing my resignation to my employer tomorrow. I have to give at least 1 months notice as I have been there for 4 years, but I am giving 6 weeks ( until the end of February) so the employer… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
51,567 satisfied customers
I have been emoployed since January 8th 2010. I accepted a
I have been emoployed since January 8th 2010. I accepted a job on the basis of salary and commission which was to be based on achieing % sales on last year. I have this in writing but not how the comm… read more
Jenny Mackenzie
Jenny Mackenzie
Vocational, Technical or Trade Scho
2,760 satisfied customers
[email protected] i have worked for british gas for
[email protected] i have worked for british gas for ten years this august, however due to an organisational announcement the role i was doing is no longer there as it was. There are other roles similar … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
51,567 satisfied customers
Constructive Dismissal I work for a large blue chip organisation
Constructive Dismissal I work for a large blue chip organisation in a sales role and have recently had my sales targets dramatically increased. The reason for the increase is due me currently overperf… read more
UK
UK
Legal Adviser
Vocational, Technical or Trade Scho
1,760 satisfied customers
it is being made unbearable for me to go to work due to a string
it is being made unbearable for me to go to work due to a string of events which all started a very long time ago, however, really got bad when they moved the goal posts with the commission structure … read more
EmploymentTalk
EmploymentTalk
Bachelor's Degree
48 satisfied customers
I am currently in the process of a TUPE Consultation, and
I am currently in the process of a TUPE Consultation, and am due to transfer to my new employer on 1st Jan 2010. My current employer has a bonus scheme, which I have been paid out against so far this … read more
Senior Partner
Senior Partner
Bachelor's Degree
5 satisfied customers
My Girlfriend works at a site where it is being closed and
My Girlfriend works at a site where it is being closed and all staff are being made redundant. The operations are being moved to a new bsite and which she has been offered and accepted a Job. They hav… read more
Michael Holly
Michael Holly
Bachelor's Degree
6,753 satisfied customers
I retired from my sales employment on 31-12-08. It was agreed
I retired from my sales employment on 31-12-08. It was agreed that sales commission earned for November 2008 and December 2008 would be paid to me in January 2009 and February 2009 respectively. In th… read more
F E Smith
F E Smith
Bachelor's Degree
3,020 satisfied customers
I have been employed by a Company for over 30 years now mainly
I have been employed by a Company for over 30 years now mainly as a sales executive. I sell car advertising space to franchise dealers and independents. My salary and area is ‘Red Circled' which means… read more
INC
INC
Solicitor-Advocate
Master's Degree
3,868 satisfied customers
redundancy - received verballly that role as Planner/office
redundancy - received verballly that role as Planner/office manager is being made redundant on thursday 25th June, received letter confirmation on friday 26th June advising 1st constultation meeting m… read more
C. M. Page
C. M. Page
Juris Doctor
8 satisfied customers
Hello, I have a question regarding maternity pay (commision
Hello, I have a question regarding maternity pay (commision payment). I will finish working at the end of July and my maternity pay will start in August. My commision payment is beeing paid monthly on… read more
TNV
TNV
Bachelor's Degree
883 satisfied customers
I have been working for a company for 18 months as a Commercial
I have been working for a company for 18 months as a Commercial Sales Manager and the company now has no need for my position. They wish to change my job description, title and my salary. I am current… read more
Michael Holly
Michael Holly
Bachelor's Degree
6,753 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x