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When the job doesn't match the offer(5 Posts)
DP was offered a new job with a new company some time back. The job is sales related so the job offer was for set postcodes in which he could soley operate (postcodes which were at the time and still performing very well) as the guy who previously operated in that area was being promoted.
DP left his previous job to accept this offer and went through the new companies training process over a few weeks and was then told that the previous guy who had the 'territory' had decided he didn't like his new promotion role so wanted his old role and postcodes back.
They then told DP that he was being given different postcodes. These new postcodes were poor performers with little/no existing business there.
DP has grown those areas significantly since starting but they are still poles apart from the performance of the other postcodes he was originally offered and had accepted. His income is about half of what we expected based on the originally offered postcodes.
The company is now saying that because the postcodes DP has aren't producing enough business that they are looking at shutting them down / terminating his contract.
Where do we stand here?
What does his contract say and are they in breach of it?
I’m sorry but it doesn’t sound as if you have any firm ground to stand on unless the contract specified the territory.
If I was DP I would be looking very hard for a new post - which I’m sure he is already doing.
Sales contracts typically say territories aren't contractual and can change, but he'd need to check his contract to be sure.
What does 'some time back' mean? How long has he worked there? If it's less than two years they can terminate for any reason (as long as it isn't discriminatory) just by giving notice.
If the territory he was promised was contractually guaranteed (unlikely) he may have a breach of contract claim, which might be worth pursuing if he can demonstrate significant financial loss because of the breach.
But I think the most likely scenario is that they've behaved really badly but not unlawfully.