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Is this right? Re employment contracts, I’ve been demoted in role but all other benefits stay the same. company says we aren’t changing your contract, just exercising the “right to perform any other duties that the company requires” clause.
If I accept this, are there any problems with employment or exit later that I need to be concerned about?
Sounds right to me. I’ve worked with folk who’ve taken steps down but remained on the same terms.
What changes to your contract would you expect/want to see?
Sounds right but insist on this being formally confirmed in writing - and have it checked by an employment lawyer.
Yes, that will cost but may identify matters you had not considered.
If you were eligible for bonus payments, how will they be affected?
You're in sales so will commission payments be affected?
Have they seen the Mudmaster?
What changes to your contract would you expect/want to see?
Id assumed I’d get a new contract aligned with my new roles and responsibilities. I guess the only (paranoid alert) issue could be is that they conclude I haven’t met any of my old/contracted duties and could fire me in that basis. <br /><br />
You’re in sales so will commission payments be affected?
No I’m on the same OTE on the same basis (50/50 base and commission split). I’m waiting for a target and sales compensation model as always to appear which is annually agreed document in addition to the employment contract.
I rather suspect your options are "accept it" or "resign."
Id assumed I’d get a new contract
I worked for the same company for 16 years, was promoted multiple times, was TUPEd last year, when I asked for a copy of my contract they produced the original one from 2007.
Well, yeah. Same happened to me in previous org 2021 resignation, a contract from 2013.
oh well I’ll stop worrying about it. Thanks for the input.
I started this job in 2001
We've been taken over twice since then but my contract of employment is the original one. Usually the Staff Handbook, or some such bible of business bollocks, complements the contract and they use that on a day to day basis.
It is worth asking for a copy of your contract. Ask nicely and explain it is for your reference so you properly understand what is required from you. At least then they might check your contract is still correct and up to date. It is fine to do the redefined job and be helpful and understanding but if something hits the fan, it will only be what is written down that actually matters.
I do have a copy WCA, and hey told me they did ask HR to analyse it to see if it compromises the duties im about to start, apparently it doesn’t in thier view and I can’t see anything that would either. I just wanted to ensure I was compromising the future that’s all.
Hmmm
ive just been called to be told we are having a team meeting within which the new Org chart will be shared. All sales people will carry the same job title, and although I have a Directors title in my employment contract, I asked if I’m ok with that. <br /><br />
Shortly after I was asked if I’m happy with the changes to my role. I can’t work if they are nervous of a constructive dismissal claim or genuinely concerned about me.
What am I missing, or am I looking to deep into it…?
Ask for an up to date Job Description. may or may not be a thing where you are or in your sector. I'm still on my orig (1997) contract, but my JD has changed with every move within the business, signed by them and me.
not sure how that stands up in a court of law, but at least it's an understanding from both parties in black and white.
Frank Conway +1, get it checked by an employment lawyer.