Returning from maternity leave with less favourable terms
Discussion
Hi everyone, I'm pretty sure I know the answer to this but I just wanted to double check before we go postal...
My wife (a mortgage advisor) is due to return from maternity leave in January after a 12 month break. This was agreed with her boss.
Before she left she was on 60% commission that was verbally agreed as she took on extra work. Her contract states 50% commission.
In the past 12 months they've employed another advisor and put her through training. This new advisor is on 40% commission.
She's just had a message to say that from the new year when she returns she will be on 40% commission as the 'can't have one in 50% and one on 40% commission' as the other advisor would not be happy.
This to me is outright illegal as she will be returning to the same job from maternity leave on less favourable terms than when she left. Same work less pay basically.
Any advice would be appreciated.
My wife (a mortgage advisor) is due to return from maternity leave in January after a 12 month break. This was agreed with her boss.
Before she left she was on 60% commission that was verbally agreed as she took on extra work. Her contract states 50% commission.
In the past 12 months they've employed another advisor and put her through training. This new advisor is on 40% commission.
She's just had a message to say that from the new year when she returns she will be on 40% commission as the 'can't have one in 50% and one on 40% commission' as the other advisor would not be happy.
This to me is outright illegal as she will be returning to the same job from maternity leave on less favourable terms than when she left. Same work less pay basically.
Any advice would be appreciated.
The question will be what does she want to do about it?
She has a number of potential Tribunal claims..... But if she is not willing to go down that route, what is she willing to do? For example, has she decided that she will no longer be returning? If yes, but not willing to go to Tribunal, then some correspondence can be sent and see the reaction - she can resign at any time however I would recommend if she wants to pursue this she would do so soonest.
You can put up with it too of course..... But any complaint of any kind will result eventually in the dismissal - for example a PIP in due course....
She has a number of potential Tribunal claims..... But if she is not willing to go down that route, what is she willing to do? For example, has she decided that she will no longer be returning? If yes, but not willing to go to Tribunal, then some correspondence can be sent and see the reaction - she can resign at any time however I would recommend if she wants to pursue this she would do so soonest.
You can put up with it too of course..... But any complaint of any kind will result eventually in the dismissal - for example a PIP in due course....
Jasandjules said:
The question will be what does she want to do about it?
She has a number of potential Tribunal claims..... But if she is not willing to go down that route, what is she willing to do? For example, has she decided that she will no longer be returning? If yes, but not willing to go to Tribunal, then some correspondence can be sent and see the reaction - she can resign at any time however I would recommend if she wants to pursue this she would do so soonest.
You can put up with it too of course..... But any complaint of any kind will result eventually in the dismissal - for example a PIP in due course....
I know you're an expert here but allow me some latitude ....She has a number of potential Tribunal claims..... But if she is not willing to go down that route, what is she willing to do? For example, has she decided that she will no longer be returning? If yes, but not willing to go to Tribunal, then some correspondence can be sent and see the reaction - she can resign at any time however I would recommend if she wants to pursue this she would do so soonest.
You can put up with it too of course..... But any complaint of any kind will result eventually in the dismissal - for example a PIP in due course....
Having hired literally hundreds of sales people and been one myself, the commission element has always been something that contractually can be amended or reconfigured based on a multitude of factors, surely whats most important here is what does her contract say about the variable pay element and does her contract flag that it can be changed?
Goalposts for sales people have always moved.
Thoughts?
It won't make the new employee happy?? Well, tough luck, that "happiness" ship has sailed.
"Do you know I was on 60% when they hired you on 40%? How does that makes you feel? And does it make you feel any better to know they decided to f
k me over down to 40% too, to try to make you happy?"
Because we all like to know we were legged over when we were hired and that our employer tries to leg over our colleagues. That's what makes us happy.
Absolute clowns. If the employer is so concerned about new employee's happiness, they need to realise her happiness is under your wife's control, not theirs. If your wife tells new employee how your wife is being treated, new employee is not going to be happy, end of. So by feigning concern, the employer is actually telling your wife she has a card she can play.
As has been said, there's what's in your contract, and there's how you think the employer will react to push back, and there are the outcomes you'll actually tolerate.
"Do you know I was on 60% when they hired you on 40%? How does that makes you feel? And does it make you feel any better to know they decided to f
k me over down to 40% too, to try to make you happy?"Because we all like to know we were legged over when we were hired and that our employer tries to leg over our colleagues. That's what makes us happy.
Absolute clowns. If the employer is so concerned about new employee's happiness, they need to realise her happiness is under your wife's control, not theirs. If your wife tells new employee how your wife is being treated, new employee is not going to be happy, end of. So by feigning concern, the employer is actually telling your wife she has a card she can play.
As has been said, there's what's in your contract, and there's how you think the employer will react to push back, and there are the outcomes you'll actually tolerate.
Jasandjules said:
The question will be what does she want to do about it?
She has a number of potential Tribunal claims..... But if she is not willing to go down that route, what is she willing to do? For example, has she decided that she will no longer be returning? If yes, but not willing to go to Tribunal, then some correspondence can be sent and see the reaction - she can resign at any time however I would recommend if she wants to pursue this she would do so soonest.
You can put up with it too of course..... But any complaint of any kind will result eventually in the dismissal - for example a PIP in due course....
What we are talking about now is how she wants to proceed. She was looking forward to going back to work, getting her identity back, doing something other than looking after the children and all the benefits employment has.She has a number of potential Tribunal claims..... But if she is not willing to go down that route, what is she willing to do? For example, has she decided that she will no longer be returning? If yes, but not willing to go to Tribunal, then some correspondence can be sent and see the reaction - she can resign at any time however I would recommend if she wants to pursue this she would do so soonest.
You can put up with it too of course..... But any complaint of any kind will result eventually in the dismissal - for example a PIP in due course....
She was well respected in the company and was treated really well before maternity leave. The company is owned and run by two blokes if this makes any difference.
I just can't understand how they can do this when ACAs and everything else I've read has said it's an absolute no to reduce pay and commission (as that's pay)
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