How JustAnswer Works:

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

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46784
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

I have just started in a new sales role, in the terms & conditions

Resolved Question:

I have just started in a new sales role, in the terms & conditions of employment I have received it states "your sales target is set at £40,000 per month. If targets are not met we will review, 3 months missed targets or an average of 50% over a 12 month period will result in termination of employment" Is this legal? Or is there a precedent in employment law that would support an employment contract on this basis. For me this would in effect mean that I actually only ever really have at any time a 3 month rolling contract of employment. All answers or advice will be most gratefully received.
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Are you an employee rather than self employed?

Customer: Hi Ben , I am an employee
Ben Jones :

The clause itself is not illegal and can be implemented in a contract to determine the requirements of the job and what is expected of you. However, it is not as simple as having such a clause and the employer claiming they an dismiss you at any time if you do not meet the targets that are set within. Employment law dos provide you with certain rights, the main of which is protection against unfair dismissal, meaning that to fairly dismiss you an employer must show that there was a fair reason for doing so and also follow a fair procedure. So for example in the event of not reaching targets they would need to offer additional training, look at the targets and how realistic they are and so on. The issue is that such protection does not kick in until you have been employed by an employer for at least 2 years. So until then, you can be dismissed at any time and more or less for any reason, whether such a clause exists or not. But once you reach the 2 year threshold, even with such a clause in place the employer will need to follow a fair procedure and cannot just rely on the contract to dismiss you

Customer: Thanks Ben, one last thing, I am currently still in a 3 month probation period and have as yet not signed a contract, this clause seems to me to be very arbitrary , do you think there is a reasonable case to be made for this clause to be more defined ?
Ben Jones :

There is nothing stopping you from trying to negotiate a rewording to make it clearer, but the employer does not have to agree to this. As mentioned you have no unfair dismissal protection yet so they could easily say you either take it as it is or leave it, so you could ask for the rewording but if they refuse don't push them too much as they could easily terminate your employment if they believe you are being difficult

Customer: Thanks for the advice, much appreciated.
Ben Jones :

you are most welcome, all the best

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46784
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • 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! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • 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!!!! Alex
  • 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. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice