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  1. #1
    Here is the deal,I worked for 4 years for a very good company selling commercial vehicles.Another company wanted me to work for them when i started 4years ago with the other. Even 4 years later they were still wanting me to work for them and eventually i listened. I had been warned that things were not carried out in the normal manner there and that they have a bad record of customer and employee relations. That said they had been very good to me and i have alsways took people as i find them. If they dont do me wrong i dont judge.I have worked for the for 5months and am now tearing my hair out.1) The dealership they promised me hasnt materialised.2) The management job they offered was basically to put a show on for a certain manufacturer who was threatening to revoke the franchise.3) The sales figures i was reaching when i started have dropped because said franchise was taken away. (Something the Company had known about prior to me joining and didnt tell me). How the hell do you sell motors with no franchise.4) My area manager who was involved in employing me left after 8wks and there went all support i could rely on.Now i get called into the MD's office yesterday and told to sell x number of vehicles a week or i dont get paid the agreed commision. Unachievable figures that i never agreed to and are not in my contract of employment.When i joined i made sure i got a 12 month agreement of level of comission because both paries knew there was going to be a lot of changes over that period. We are building a new dealership which could disrupt things. they say this new document stating my targets and comissions takes over from my old contract and they are just looking after themselves. But surely if they took me on and knew the situation and got me to agree to a review on my contract in 12 months they cant change it after 5.Any help appreciated

  2. #2
    Any contract you signed with them upon accepting the job is binding to both parties based on the terms contained therein. Unless they've written in a very clever 'get out' clause, your employer cannot unilaterally change your terms and conditions of employment in any way which will disadvantage you compared to the original contract.Having said that, employers do it all the time and bank on the employee not being able to do alot about it.

  3. #3
    So i can tell him to shove his new contract. But can't he just go and sack me anyhow if i dont accept it.

  4. #4
    I do have access to free legal representation but dont want to go down that route if i can help it.

  5. #5
    Legally speaking, his new contract (assuming there's no get-out clause in the original) isn't worth the paper it's written on, so he shouldn't be able to sack you for not accepting it.He can, however, make your working life akin to shovelling shit in a dinosaur farm.I'd be tempted to get a local legal bod to look at the original contract, and if it contains no funnies, go and see your boss and tell him (nicely) that you don't accept the new contract he's proposing as you see no advantage to you over the old one.Alternatively, you could ring your old employer and see if they'd like you back, then drop a large log on your bosses desk.........

  6. #6
    SloBoy Two Dents" Fukawi"
    Guest
    Think it depends on the size of company - IIRC small companies find it easier to play fast and loose, but even big companies can enforce changes after consultation"Entertaining thing here is we have no written contracts of employments."

  7. #7
    SloBoy Two Dents" Fukawi"
    Guest
    make your working life akin to shovelling shit in a dinosaur farm"depends what out come you're looking for. Constructive dismissal is surprisingly easy to build a case for."

  8. #8
    SloBoy Two Dents" Fukawi"
    Guest
    I would take the legal advice if you can do so discretely (i.e. with you boss knowing).Whne I had cause to look into this area, I came to realise that employment law is like no other.

  9. #9
    The trouble with Constructive Dismissal is that IIRC you get a fixed, statutory pay-out, about 3K I believe.The (subtle) legal advice route is probably a good one, as SloBoy says, employment law is a weird and wonderful thing, nearly as peculiar as probate.

  10. #10
    SloBoy Two Dents" Fukawi"
    Guest
    I agree - once you're off down the legal route there is no happy ending with your current employer.oh and I meant without your boss knowing" above !"

  11. #11
    So can he just sack me if i tell him i dont agree with the new contract cos i have only worked for them for 5 months

  12. #12
    My initial contract/agreement is a hand written letter akin to a letter of appointment which is very clear in what i am due. There are no stipulations in it like the new one.

  13. #13
    Baron Von Grinder 13th (bad) Coy, Iron Horse Brig
    Guest
    .

  14. #14
    blimey !Another question for you chaps who know emplyment law... is an unsigned contract binding, even if the employee has commenced employment ?ie. my contract (not finalised and agreed, and hence unsigned) states that I am not allowed to join a competitor for 12 months after leaving the company, but I've had a good offer and am considering jumping ship?

  15. #15
    So can he just sack me if i tell him i dont agree with the new contract cos i have only worked for them for 5 months"If the original contract was sound, then no, I don't believe he can."My initial contract/agreement is a hand written letter akin to a letter of appointment which is very clear in what i am due. There are no stipulations in it like the new one."Hmmm, sounds like a letter of intent, which is as much use as tits on a fish. Time to bring in the local legal big gun.GYM:- err, kind of depends. If you started work without signing the contract, you could be deemed to have accepted its content by default, unless there are terms therein which could be classed as unenforceable. However, what your current employer could actually do if you did jump ship is an entirely different matter. Do they define 'competitor'?"

  16. #16
    It's a good while since I covered a little employment law. Without being able to check my notes just at the moment I do know that a contract of employment CAN be changed by the employer. If the employee does not agree with it and refuses to sign the amended copy, by staying in the employment after a certain period he then is deemed to of acepted it by default. I am unsure how long this period is.

  17. #17
    Senior Member Luke.'s Avatar
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    Jul 2004
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    in my experience the threat of a constructive dissmisal case against them gets the desired result.

  18. #18
    Grip - Restraint of traid clauses are very difficult to enforce. Unless your contract names the particular competitor that you want to join, they have no hold over you**I'd check this with a proper scum sucker/lawyer if I were you.

  19. #19
    Tis little wonder I left the motor trade after 10 miserable years.

  20. #20
    Sales has always been like that, only one way to deal with it. Get out.

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