Employment advice - is this legal?

Maslin

I am a regular poster but have created a new profile specifically for this post. Can't be too careful! I don't at this juncture want to take legal action against my employer but I would like to know if what has happened is above board as I have a feeling other things may happen and my desire for litigation may increase.
I have worked for the same company for six years. Employed as assistant to one man running two departments, working more for one department than the other. Two years ago made head of the latter department but continuing as assistant to the other. I receive basic salary plus commission from one department and "bonuses" from the other. Bonuses are bi-annual, usually of same amount and understood to be in lieu of commission. I have recently, without any discussion with me, been dropped as assistant from that department (but retained as head of other). No change to basic but will no longer receive bonuses. I've done nothing wrong, the change has happened because other staff have been brought in to take my place. Question is, as my main job title hasn't changed and as the only loss is the bonuses, do I assume my employer can do this without my consent? I understand the legal implication of the word bonus, but since it is in lieu of commission and has been paid for the last four years, has it become an implied contract term?
The threat of further things to come is that they may try to replace me as head of department by bringing in someone more experienced. Again, I must stress that I've done nothing wrong and managers have previously always said they were very happy with my work.
Hope this makes sense! Thank you in advance for any advice you can give.

mountainofdebt

I don't know the legalities of the situation but here's another perspective on the situaiton.

Has your JD changed at all from when you were initially an assistant to the guy running the depts to becoming head !!! assistant? Was it done on a temporary basis even though that basis lasted 4 years?

How do you know that they may try and replace you as Head...has anything been said specifically - and if so what plans do they have for you?

Maslin

I have never had a written job description but duties have obviously changed over six years of employment. Please don't get me wrong - I am not the litigious sort and have always been very relaxed about my employment. I am not so concerned about what has happened as that it happened without any consultation with me at all. In fact my boss said to me after the event "I've been doing all this work to make sure we can run the department without your help, and we can" even though he'd already made it quite obvious I was no longer part of the department and had told other members of staff that! With regard to the other thing, I know they have approached somebody to see if he would be interested in working for us (it was my idea to approach him, but not as my replacement!). I hope they will consult me before anything is finalised, but I take nothing for granted anymore!
As to their plans for me - it can only be to demote me to assistant to the one department that I now run. Thereby putting me behind where I was six yars ago (albeit better paid!).

zzzLazyDaisy

What does your contract and/or the rules of the bonus scheme say about entitlement to bonus? I ask, because every bonus scheme I have ever had anything to do with has always been clearly referred to as a 'discretionary bonus'. That is not to say there is no such thing as a contractual bonus, but that is your first starting point.

The second thing is that presumably your over-all hours have not changed? So basically you are now devoting your whole time to the Head of Department job, and no longer expected to spend part of your time as assistant to the head of the other department? In that case, you would no longer qualify for bonuses or commissions associated with that department.

So the question is, do they have the right to remove that post from your contractual duties. If you have a properly drafted contract, the answer is almost certainly 'yes' as most contracts have a clause which says 'you are employed as [job title] but the employer reserves the right to require you to carry out such other duties as the needs of the business dictate. If this meant a significant reduction in wages that might amount to a breach of contract, but a discretionary bonus is not wages for these purposes.

If you do believe that the employer is acting in breach of contract, the first thing to do is to raise a formal grievance about this.

Note, even if this is a breach of contract, if you continue working under the contract without protest (ie without raising the matter with your employer through the grievance procedure) but simply continue working, you are deemed by your conduct to have accepted the change (if it is indeed a change to your contract).

Maslin

Thank you, Lazy Daisy. That's really helpful. The contract I signed six years ago was pretty poorly written. They redid it last year but I haven't signed the new one as it's still riddled with errors. But I think you're right. A bonus is discretionary and can be taken away at any time, and my hours haven't changed. I haven't raised it as an issue because my major beef is just the way they went about it, not really the overall result (although I will miss the extra money!). I work a lot of unpaid overtime and put a lot of effort into the company, and I just find their conduct disrespectful. I really just wanted to know where I stood in regard to that in case it does kick off in terms of them trying to demote me from head of department. But I don't think even they are that stupid!

zzzLazyDaisy

If they demote you come back.

You should also be aware that there is no requirement to sign an employment contract (though they can't rely on any clause allowing them to deduct money from your wages if you haven't signed the contract). Apart from that, if you have been given a contract, refused to sign it, but continued to work for them without raising a formal written protest, then you are deemed to have accepted the new contract by your conduct.