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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 61676
Experience:  Qualified Employment Solicitor
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We are a sales force of 10 which has just had its commission

Customer Question

Hi
We are a sales force of 10 which has just had its commission reduced by 66%.
This will make an impact in our income of between £10000-£25000 per year depending on sales person.
This income reduction has only been implemented in the sales department. No other department has been told to make a cut.
Most of us have been working in the company 2-4 years.
Whilst it states in our contract that commission can change at the companies discretion this seems unfair as we have all been on this same structure for all the years we have been here.
Can this be challenged?
Submitted: 7 days ago.
Category: Employment Law
Expert:  Ben Jones replied 7 days ago.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Expert:  Ben Jones replied 7 days ago.

How long have you worked there for?

Customer: replied 7 days ago.
Hi Ben, as I said 2-4 years for most of us. Me personally 3.5 years
Customer: replied 7 days ago.
No thank you for the £44 phone call
Customer: replied 7 days ago.
Ok
Customer: replied 7 days ago.
Does that mean I haven't been charged
Expert:  Ben Jones replied 7 days ago.

Thank you. There are occasions when an employer may try and make changes to an employee’s contract of employment. If they wish to do so, there are a few ways, in which they can do it:

· Receive the employee’s consent to the changes.

· Give the employee the required notice to terminate their current contract and re-engage them under a new contract containing the changes.

· Simply force the changes through with no notice or consultation.

 

The following options are available to employees to challenge these actions:

 

1. If the employer forces the changes through, the employee can start working on the new terms, then write to the employer making it clear that this is done ‘under protest’. This means that they do not agree with the changes but feel forced to do it as they have no other option. In the meantime, they should try and resolve the issue by raising a formal grievance with the employer. This is only a short-term solution though as the longer someone works under the terms, even under protest, the more likely it is that they will eventually be deemed to have accepted them.

 

2. If the employer gives notice to terminate the current contract and re-engages the employee under a one, it could potentially amount to unfair dismissal. However, the employer can try and justify their actions if they had a sound business reason for doing so, usually from an urgent financial perspective. If no such reason exists, it is possible to make a claim for unfair dismissal in the employment tribunal, subject to having at least 2 years’ continuous service with that employer. This would be on the grounds that there has technically been a dismissal because the original contract was terminated by the employer.

 

3. If the changes fundamentally impact the contract, for example changes to pay, duties, place of work, etc., it is also possible to resign and claim constructive dismissal. The employee must accept the changes and immediately resign in response to them. A claim is again dependent on the employee having at least 2 years' continuous service with the employer.

 

Finally, it is also worth mentioning that sometimes employment contracts may try to give the employer a general right to make changes to an employee’s contract. As such clauses give the employer the unreserved right to change any term, nothing but the clearest language will be sufficient to enforce such a right. Any attempt to rely on such clauses will also be subject to the requirement of the employer to act fairly and reasonably and be able to show that it was necessary to apply the required changes and that there was no other way to resolve the situation.

 

Does this answer your query?

Customer: replied 7 days ago.
On what grounds can I ask them to reverse their decision
Customer: replied 7 days ago.
Is there any merit in collectively as a group of 10 of us stating we all disagree
Expert:  Ben Jones replied 7 days ago.

you cannot force them to overturn their decision but the more of you that challenge them the more weight it would add to your case

Expert:  Ben Jones replied 6 days ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Expert:  Ben Jones replied 5 days ago.

Hello, not sure if you are having trouble seeing my posts? I have not heard back from you since posting my answer and just need to know if your query has been resolved. If you could please post a quick reply to confirm I would be very grateful. Thank you