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Ben Jones
Ben Jones, UK Lawyer
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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o Move to a payment arrangement that is wholly commission-based.

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o Move to a payment arrangement that is wholly commission-based. At present the sales team add, on average, 20% or so to their monthly salaries in commission payments. Mike would like all pay to be at risk so that 100% of earnings were dependant on sales targets being met. Mike plans to introduce this new system with immediate effect.
o Dismiss, as a matter of policy, the poorest performing members of the sales team each year and replace them. The identity of the leavers should be determined purely on the basis of the value of new sales achieved (or not achieved). Not only should this policy result in poorer performers being replaced over time with stronger ones, it should also boost energy-levels generally and increase the hours the team puts in.
We want to initiate the above course of action. Can you tell me what the legal risks are? can you pay commission only? can you ask all employees to complete a medical? can you dismiss poorest performer every year?. If we do this what are the risks?
o To require all members of the sales team to undergo regular medicals with the company doctor with a view to establishing their fitness levels. Those who are overweight would then be required to diet until they reach a target weight, while smokers would be required to attend classes aimed at persuading them to give up.
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

please ask ben he answered all my other questions. If not please refund my money

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 2 years ago.

when can i expect a response? can you ask Ben who usually answeres my questions as he is very good

Expert:  Ben Jones replied 2 years ago.
Hi, I have been asked to look at this query for you. So to answer your specific queries:
1. Whilst you can potentially move employees to a wholly commission-based payments system, they would still be entitled to receive at least the National Minimum Wage so you would not be able to go below that rate even if they have not achieved the specific targets set for them. What you could do is have a basic salary that is payable at the minimum wage rate and then anything on top of that would be commission based. Another consideration is that if this results in you changing the employees’ current contracts it could be difficult as you will have to terminate their existing contract and re-employ them on the new one. Those employees with more than 2 years’ service can potentially claim unfair dismissal if they disagree with the changes and they have a substantial impact on their current conditions of employment.
2. You can potentially dismiss the poorest performers every year but again there will be an issue with unfair dismissal if those that are being dismissed have more than 2 years’ service. If the persons being dismissed have less than 2 years’ service then you can dismiss them without any issues but those with longer service you cannot just go ahead and dismiss simply because they have not performed as expected. You need to warn them of their poor performance, give them an opportunity to improve, help them, offer training, maybe more realistic targets and so on. If you jump straight for dismissal then that is likely to be unfair and they could challenge it.
3. You can ask employees to complete a medical but whilst there is no discrimination against overweight employees, if their weight is linked to a medical condition which is a disability (that could be anything which is long-term, not just obvious physical impairments), then you will have to tread very carefully as forcing them to reduce their weight when there is a medical condition responsible for it can be discriminatory and land you in hot water.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45306
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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