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michael holly
michael holly, Solicitor
Category: Employment Law
Satisfied Customers: 7072
Experience:  Over 20 years experience of dealing with employment law matters and qualified mediator
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I have a question regarding working contract, which has been

Customer Question

Good morning.
I have a question regarding working contract, which has been changed withought my knowledge.
As per my contract I am Sales Supervisor and earn 2% commission from sales. I just received my paysleep for the month of October which showes only basic salary. I just have found out that the company decided to change my title to Manager and Managers are not on commission therefore I have not received any.
Can the company do that, change my contract withought me agreeeing to that and without even informing me on such a change?
Thank you for your help in advance.
Submitted: 1 year ago.
Category: Employment Law
Expert:  michael holly replied 1 year ago.

No they cannot.

The employer cannot unilaterally vary your contract where a fundamental term of the contract such as pay is concerned.

You can take out a grievance against your employer using the company's grievance procedure. Every company must have one by law. Alternatively you can threaten to take them to an Employment tribunal for unlawful deduction of wages which you can do whilst still employed by them.

You can also threaten to leave and claim constructive dismissal on the basis that they have breached your contract by changing a fundamental term without your consent.

Whether a constructive dismissal claim succeeds would depend on the amount of difference in pay that this change has created.

I hope this helps. If there are any further points please reply I will be happy to respond.

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Best regards