Employee Rights Question / Advice

1992ChainGang

So I work in credit control for a company who recently exited the industry (company has not gone bust).

They've promised the team if we hit certain targets of recouping money they'll give us a payout when the project is over. Over the course of the last month they've chopped and changed the targets and ways of working at least 3 times - and at the end of each email with new targets and terms they state: This email supersedes any previous email with regard to the incentive plan.

Is that legal to do on their part? I'm beginning to think there'll be no payout at all, there is at the moment a "guarantee payout" of a certain amount if we stay til Xmas but they very well could change that again, the team of us are being really screwed around and just want to ask have we any rights to prevent changes to what they promise? It's becoming soul destroying to work for such a terrible employer the only thing keeping me in it is the payout at Xmas.

Mrs OBumble

Providing that what they are offering is more than your contract says, and more than the minimum legal requirement, then I think they can do it.

You could consult a lawyer, because I think there are claims you could take against them. And letting them know you're serious may increase the chances you get the payout.

But if you can get another job now, it may be better long for your mind to just get out ASAP.

Hotblack Desiato

There could be redundancy payouts down the line though if the employer has exited that line of business and hasn't sold it on to another business.

1992ChainGang

There's actually been some developments today, but I'm pretty sure the company have everything ticked on their side.

I usually do overtime each week, it's kind of a given and suddenly they say all overtime is to be stopped. It's not in the contract however that they require to give me OT.

They have a weekly incentive plan for the person who achieves the highest targets. They've paid it every week except this week they didnt and I was owed the incentive. Their excuse was there's an asterisk on the original email about this saying they have the ability to change this at any time.

Then today they have requested I change my WTF pattern to double the amount of time I'm in the office starting next week.

I am only in the company 6 months and I rang citizens advice, they said as I havent been there a year if I told them I would take any WRC action they could let me go and unfair dismissal act wouldnt apply to me as I'm not there 12 months.

Would there be grounds for bullying as these actions seem targeted towards me, particularly the incentive situation?

Mrs OBumble

There may well be grounds. But the cost of a solicitor to take the case will be greater than whatever incentive you might get.

And with six months service, there's no redundancy payment due.

Seriously, take the hint and just get another job ASAP.