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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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When setting a target for sales @ the begining of a working

Resolved Question:

When setting a target for sales @ the begining of a working year and agreeing with the
Director ....can they change that figure to a higher level without infoming me .?
In Essence my target was agreed by myself and the operations Director and Managing Director as £1.3 million . @ the begining of January ... It changed without my knowlwdge
to £1.5 million .
This has caused me major stress and equally inables me to make any bonus. as I'm on target for £1.3million.
Please give me your views ..have discused it with the O.D. who said it had to go up.!!
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. How long have you worked there for?

Customer:

5 years ....I work as National Sales Manager.

taratill :

Have you previously been paid bonuses based upon a pre-agreed target and is there anything in your contract which determines how and when an bonus will be paid?

Customer:

Yes ...I have been payed bonuses on my profit margin if we hit target .

taratill :

Is there anything in writing to state that this is the position?

Customer:

Yes I have a contract.

taratill :

What does the contract say about bonuses?

Customer:

we have to hit our target for 3 consecutive months...

Customer:

We have to hit target for three consecutive months...and we are payed on the margin over 25%,

taratill :

Ok but there is nothing to say when or how the target should be set?

Customer:

No ...

taratill :

Ok thanks, ***** ***** raise a grievance about this to your employer. If the employer has not either previously amended targets in the past or there is nothing in writing in a policy or in your contract to allow them to amend the target then the employer is in breach of contract if it fails to pay your bonus in accordance with the original target and in accordance with how you have been paid in the past.

taratill :

Hopefully if you raise a grievance this will resolve issues. If it does not then you can contact ACAS who offer pre-claim concilliation to attempt to resolve employer disputes prior to a tribunal claim being issued.

taratill :

Details of the Early Concilliation process are set out in this webpage http://www.acas.org.uk/earlyconciliation

Customer:

Is it illegal to also move the target by £200,00 without informing me.

taratill :

It is in breach of contract as it denies you the right to the contractual bonus.

taratill :

I would suggest you raise the grievance in the manner i have suggested.

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