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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47902
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I moved into a sales manager position with no sales background

Resolved Question:

Hi. I moved into a sales manager position with no sales background or sales management experience. training for this position was verbally agreed, but after 6 years of being in the position they employer has provided none. I am now being demoted to supervisor, without my consent. can my employer do this?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Is this to do with UK law?
Customer: replied 1 year ago.
I am in the Bahamas which also follow uk law
Expert:  Ben Jones replied 1 year ago.
The Bahamas would follow UK common law, which is the basics of law formed through case law, but the current legislation will not be the same because each country will have its own legislative structure and the laws of Parliament will be different. So I cannot advise on the law as per Bahamas legislation, only UK legislation. If you want me to continue on that basis please let me know
Customer: replied 1 year ago.
Understood. unfortunately, the legislative law here is not clear on this particular case and usually in the absence of any firm guideline, the common law comes into effect. Please continue as to what uk legislation covers.
Expert:  Ben Jones replied 1 year ago.
And what is the reason for your demotion?
Customer: replied 1 year ago.
In June of this year, my company brought in advisors to evaluate the sales department and determined the way it was set up did not follow the norm. As the manager, my desk was in the same room as my sales persons under me and i was required to sell.... thus competing for sales with my sales guys. since the evaluation in June, the employer has been criticizing my performance for managing the department and resulted in 2 written warnings within a space of 5 months. I feel as though these were their initial steps to move me out of the position. My sales numbers have not dropped and has steadily increased over each year. As the manager, I was refused access to the expenses of my department to better understand my objectives.
Expert:  Ben Jones replied 1 year ago.
It would appear that this demotion is a change to your contractual terms and conditions because you have been in position for 6 years and even if there was nothing in writing to confirm this, it would have become implied. There are a few ways in which an employer may try and make changes to an employee’s contract of employment. These are by:· Receiving the employee’s express consent to the changes.· Forcefully introducing the changes (called 'unilateral change of contract').· Giving the employee notice to terminate their current contract and then offer them immediate re-engagement under a new contract that contains the new terms. If the changes are introduced without the employee's consent, then the following options are available: 1. Start working on the new terms but making it clear in writing that you are working ‘under protest’. This means that you do not agree with the changes but feel forced to do so. In the meantime you should try and resolve the issue either by informal discussions or by raising a formal grievance. 2. If the changes fundamentally impact the contract, for example changes to pay, duties, place of work, etc., you may wish to consider resigning and claiming constructive dismissal. The resignation must be done without unreasonable 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 you having at least 2 years' continuous service. You would then seek compensation for loss of earnings resulting from the employer's actions. 3. 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 try and justify the dismissal and the changes if they had a sound business reason for doing so. This could be pressing business needs requiring drastic changes for the company to survive. If no such reason exists, you can make a claim for unfair dismissal in an employment tribunal. The same time limit of 3 months to claim and the requirement to have 2 years' continuous would apply., although as mentioned be aware that these are the UK criteria so the time limits and criteria in the Bahamas may be different. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
Thank you for the information, it is most helpful. Does this still apply if my monthly salary is comprised of both base pay and commission?
Expert:  Ben Jones replied 1 year ago.
Yes that would make no difference on your rights as stated above. Hope this clarifies?
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