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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49862
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My position at work was Head of Membership, which i held for

Customer Question

My position at work was Head of Membership, which i held for 10 months, in August 2012 i had a miscarriage and emotionally found it difficult to return to managing a team that resented me and were particularly difficult to manage. My boss admitted that the team resented me because he did not fairly recruit the position of head of membership and i was given the position. We decided that i would be best taking on a business development role to work with existing clients to sell other packages. I also went onto 4 days. This was a new role and again was resented by others in the team, where i was ignored and deliberately made to feel uncomfortable at work. I was offered no support by my boss to manage this and found this extreamly stressful to the point i would have nightmares about coming to work. I have been given little or no support in developing my new role from peers or senior management, even when i have set up meetings with large clients, my boss has cancelled them with a moments notice. This behaviour became worse again when i informed my boss i was pregnant again. I am now 28 weeks. I have not had a job description, a 121 since the meeting in August to discuss my new role. I have had a meeting that was called an appraisal, but was an informal chat with no follow up. There is a commission structure for others in the team, so, as i have brought in some sales i questioned if i was entitled to commission. I was sent the following response:

"I’m happy to have a further discussion about this and it will help.

But as I have just said to you, given your salary was not changed in the change from your previous role it is not deemed to be a salary where Commission would apply. Ie. it incorporates it already.

I’m happy to look at arranging a salary that could a commission paid as well."

It is not an option for me to lower my salary as i will be going on maternity leave in 10 weeks, therefore commission will not cover it. I feel like i am being pushed out and isolated because i am pregnant. Could you please advise on what i should do?
Submitted: 5 years ago.
Category: Law
Expert:  Ben Jones replied 5 years ago.
Hello, my name is Ben and it is my pleasure to be able to assist with your question today. Please let me know if commission was ever discussed with you when you were offered this job last year?
Customer: replied 5 years ago.

It was mentioned but never confirmed or discussed fully.

Expert:  Ben Jones replied 5 years ago.
Your current remuneration will very much depend on what was agreed at the outset with your employer and will not necessarily match that of your colleagues. It is not a legal requirement for all employees that are on the same tam to be entitled to the same pay or benefits and there could be a disparity between employees' pay. The law will only cover you as far as ensuring any difference in pay is not due to your gender, for example being paid less simply because you are female.

So you have to seek to resolve this by arguing that a commission structure was at least discussed, even if not formally agreed, and that you relied on that to make a decision to take on this particular job.

In terms of the way you have been treated generally, this could potentially amount to constructive dismissal and/or sex discrimination. You should not be treated detrimentally because you are pregnant and if that has occurred then you are looking at potential sex discrimination.;

In terms of taking this matter forward the following options are open to you:
• You can raise a formal grievance with the employer to try and solve this matter directly with them
• If things do not improve and you believe your pregnancy has a lot to answer for the way you were treated then you may consider making a claim for sex discrimination in the employment tribunal
• If things are so bad that you cannot actually continue working there, you can resign and claim constructive dismissal. At the same time you can also claim sex discrimination.

Please take a second to leave a positive rating as that is a very important part of our process. Your question will not close and I can continue providing further advice if necessary. Thank you