Constructive Dismissal?

[wink1970]

I believe I am in a position where I have no choice but to resign, and would like to know if I have grounds for a Constructive Dismissal claim.

The background:
I have worked for my company for 14 years as a senior salesperson.
In all of that time half of my pay has been commissionable pay. It's a consistent scheme in that I earn roughly the same each month, it doesn't really go up or down.
I have had the same commission scheme in all that time: though 3 years ago the rate was cut, it was partly reinstated last year
Last week I was presented with a completely new scheme which at its best will see my commission more than halved, at its worst there could be 3-6 months with none at all.
There was no consultation and it is to begin this month

The reason I am not sure I have a case is that my employment contract (signed 14 years ago and never updated) says the company can alter any commission scheme, which is standard in sales jobs.

I'm trying to get legal advice, but nobody has rung me back yet. I could do with having a rough idea sooner rather than later as I try to negotiate this.

Thanks in advance.

I couldn't comment on the legality, or if the notice period of change of contract is appropriate - but is everyone getting moved onto these new terms?

Could you negotiate and say you expect a higher base salary to make up the shortfall, particularly if over the 14 years you're a high performer, have expert product knowledge handle a particular specialist sector? Has your base pay moved at all during the 14 years?

It doesn't sound like constructive dismissal on the face of it, but you can decide whether to negotiate or decline the new terms.

Constructive dismissal is notoriously hard to make a successful claim for. Have you tried calling the ACAS helpline? They might be able to help you.

Check ACAS website on change of contract

www.acas.org.uk/changing-an-employment-contract/advice-for-employees/if-your-do-not-agree-to-employment-contract-changes-proposed-by-your-employer

Check ACAS website

www.acas.org.uk/dismissals/constructive-dismissal#:~:text=An%20employee%20can%20make%20a,being%20bullied%20or%20discriminated%20against

My colleague in the same team (of 2 of us) isn't having this change. I challenged our boss and he said the company believes we do different roles - we really don't. It's the scheme we use in another company owned by the same group.

I am very specialised and represent 1/4 of the company's revenue all on my own!

They seem blinded by the 'science' of the scheme working elsewhere (where the sales cycles are much shorter and the values 10% of mine, which is why it doesn't work for me).

Whether they can change your commission scheme depends on whether it has become contractual through custom and practice. You really need to get a response from a lawyer who specialises in employment law.

If your colleague is male, you may have a case for discrimination.

Irrespective of whether or not you make a claim I would be looking for a new job.

This is because it will take a long time for a case to be heard, unless you achieve a compromise agreement, and you need an income in the meantime.

If you bring in 25% of their revenue they you can probably do the same for an employer who will treat you far more fairly.

If you’ve spoken to your boss informally and not being listened to have you thought about raising a formal grievance? Gather your evidence especially regarding your colleague as a comparator.