Constructive dismissal - a credible case?

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Phil Mitchell Foden

Well-Known Member
Joined
11 Aug 2017
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Just wanted to seek the wisdom and takes of blues experience on this front. I work in a sales role in the financial sector and they recently told us they're abandoning the commission structure entirely, and simply replacing it with a higher basic wage.

The basic wage increase would still mean I'm being paid circa 13% less annually than I earned as shown on my recent P60. I expected to earn more this year also given my experience in the role etc.

They've told us we could all qualify for a 10% annual bonus if we hit target regularly etc, but it all seems very discretionary, talk of if "we have money in the pot" etc.

A friend of mine in a similar position has said we have a credible case for constructive dismissal, given our role hasn't changed and we're being given a material paycut, however you square it.

Anyone with any experience on this front have any advice? Is it worth going that route and what kind of timescale would we expect if it was to be pursued? Is it worthwhile, or should I just look for alternative employment?

Any advice or experiences welcome.

Cheers blues
 
What length of service do you have?

How much notice of the change were you given?

What consultation about the changes was provided?
 
Not an expert but I wouldn't have thought so.

However, I also work in sales and any organisation that takes commission away is operating in a very false economy and I am pretty sure they will change back in a few months.
Put your feet up and chill out. Doesn't matter if you sell anything now.
 
Phil Mitchell Foden said:
Just wanted to seek the wisdom and takes of blues experience on this front. I work in a sales role in the financial sector and they recently told us they're abandoning the commission structure entirely, and simply replacing it with a higher basic wage.

The basic wage increase would still mean I'm being paid circa 13% less annually than I earned as shown on my recent P60. I expected to earn more this year also given my experience in the role etc.

They've told us we could all qualify for a 10% annual bonus if we hit target regularly etc, but it all seems very discretionary, talk of if "we have money in the pot" etc.

A friend of mine in a similar position has said we have a credible case for constructive dismissal, given our role hasn't changed and we're being given a material paycut, however you square it.

Anyone with any experience on this front have any advice? Is it worth going that route and what kind of timescale would we expect if it was to be pursued? Is it worthwhile, or should I just look for alternative employment?

Any advice or experiences welcome.

Cheers blues
Click to expand...
Join a Union. Then let them deal with it
 
Are other employers in financial sales likely to employ someone who used constructive dismissal?
 
Financial services is a very competitive market for decent sales staff.
If you're not happy with what's on offer from your current employer then start looking for something else. Loads of recruiters in this sector, give one of them a call and see who's hiring.
I wouldn't go down the constructive dismissal route. It's a small world and bridges are easily burned and less easily mended.
 
I'd call a hr lawyer. They generally give you 30mins of free advice. But it does tend to slant toward suggesting you go legal and that generally means you go of on sick and bring a case. If you can get a few together then it's more likely to work in your favour. In any event the outcome is some sort of redundancy payout. Only doing 2 years means this might not be a big number.
 
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