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Husbands job not playing fair (again) Contract queries(2 Posts)
IMO of course...
So - my husband works in "sales". He recieves a basic pay and is also entitled to a quarterly commission/bonus. I need to see his contract to see what exactly it says about commission but we believe that it simply says something along the lines of "on a basis that shall from time to time be determined" - in other words, I think that how the bonus/commission is computed is non-contractual.
Nevertheless when he started with the company the bonus method was communicated to him as was OTE.
Before the start of the last quarter there was a regional team meeting to set out how the bonus was to be calculated going forward - ie what targets to meet. The bonus consists of element X and element Y. The teams were told how to work in order to achieve this bonus - ie what areas of sales to focus on being the employers priorities.
Half way through the quarter people started to notice that the projected bonus matrices were looking low with regard to element X. A question was raised as to why certain things were not being included in computing element X. The Direct Line Manager said that this must be a mistake since his understanding was that element X would be computed in the manner set out at the previous team meeting. The Area Manager very vaguely said "hang on that may not be right, I'll look into it". Nothing further has been communicated but the sales force are of the view that the Area Manager was aware that changes were being made at that point.
It is now the end of the quarter and bonuses/commissions have been communicated to the individuals. The items previously queried in connection with element X are not included in the bonus pot.
Furthermore element Y has also not been computed in accordance with the manner set out at the original team meeting. The result of course is that it is generally impossible for people to be awarded a bonus.
Despite (if) the bonus computation method being non-contractual can they just change the playing field this way/retrospectively/after having instructed the team (to their detriment) to work in a certain way/focus on certain sales to achieve their bonus? I suspect they can but thought I'd ask just in case it is worth taking this any further.
The issue is not just the lack of bonus it is the fact that "achieving your bonus" is essentially your target so by failing to do this you are effectively underperforming.
As an aside the amount of money wasted in recruiting staff (payments to external recruitment firms), training staff residential training courses in London) only to have pretty much a 100% turnover over a 2 year period just seems disgraceful for a public company. DH will almost certainly quit next month and he is the last of his "intake" to do so. I'm tempted to write a letter to the FD or buy shares so that we can go to the EGM (not really insane - just daydreaming).
PS - I post on here about my DH's job a lot, I know.
MY employer is generally great, good lines of communication (probably the most important thing overall) very fair, good maternity package, still gave me a bonus whilst on maternity leave, dealt with a pensions issue (that I posted on here about) extremely generously (not just fairly) and I am just at some of the things I read on here and at my DH's company.
Maybe I am too sheltered but I have swallowed some things (final salary pension scheme being cancelled etc at my work) with good grace as I totally understand it and while to my detriment can accept that overall it is fair. Not so with DH's job.
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