This has me stumped and I am CIPD qualified but worked all my life in a large company where people values and integrity were a by word.
A friend of mine works on a self emplyed basis for a nationwide magazine that advertises using photos and photos are taken with a digital camera, then emailed etc. The pay is based on daily allowance to cover phone calls, and petrol, it is miserly, friend works 2 days a week. The job is commmission based so pay is per photo and size of photo. Bigger is dearer so more commission. Anyway this company changed the ad rates last november and issued a document that showed old ad rates, old commission rates, new ad rates and new commission rates. Friend gets paid every 4 or 5 weeks in arrears and has queried when new commission rates will be implemented. At last today an edict was issued saying commission rates were never raised and it was an internal communication that caused the confusion. So rates were those that came into effect April 2004 and still applied. At the same time this edict said, ad rates are going to be increased again, and yes you've guessed it, commission rates are staying the same as they were from April 04. Bearing in mind it has taken the company over 5 months to come out and say commission rates have not increased as per the internal communication I believe they are on dodgy ground but if anyone complains they can sack them as self employed have no legal rights!! Some of the ad increases are 28% or more.
My reckoning is that the internal communication that was issued to all changed the terms and conditions and now form part of the contract and therefore should apply. However there is also a clause in said terms and conditions that company can reduce commission at anytime.
Is this just tough or can the company be challenged?
noah
A friend of mine works on a self emplyed basis for a nationwide magazine that advertises using photos and photos are taken with a digital camera, then emailed etc. The pay is based on daily allowance to cover phone calls, and petrol, it is miserly, friend works 2 days a week. The job is commmission based so pay is per photo and size of photo. Bigger is dearer so more commission. Anyway this company changed the ad rates last november and issued a document that showed old ad rates, old commission rates, new ad rates and new commission rates. Friend gets paid every 4 or 5 weeks in arrears and has queried when new commission rates will be implemented. At last today an edict was issued saying commission rates were never raised and it was an internal communication that caused the confusion. So rates were those that came into effect April 2004 and still applied. At the same time this edict said, ad rates are going to be increased again, and yes you've guessed it, commission rates are staying the same as they were from April 04. Bearing in mind it has taken the company over 5 months to come out and say commission rates have not increased as per the internal communication I believe they are on dodgy ground but if anyone complains they can sack them as self employed have no legal rights!! Some of the ad increases are 28% or more.
My reckoning is that the internal communication that was issued to all changed the terms and conditions and now form part of the contract and therefore should apply. However there is also a clause in said terms and conditions that company can reduce commission at anytime.
Is this just tough or can the company be challenged?
noah