What triggers a consultation?

[JohnnyUK]

Hi

My employer, a US based company, has suddenly added sales targets to my role.

The role was previously a customer relationship & project delivery role i.e. no selling.

The sales target now constitutes a KPI that drives a potential performance related bonus.

There are about 4 people affected in the UK, with these new KPIs and many more in Europe and the RoW.

Should there have been some sort of consultation to change the role to include a Sales target?

Cheers

Johnny

[parabolica]

Have they completely changed your role to the point where you no longer carry out most of your old tasks, or have they just added this sales component to your existing duties?

IANAL but employers can make reasonable changes to your role unilaterally, but a substantial change would require consultation. Also if those KPIs are now contractual (I.e. they’ve said your job hinges on you achieving these targets) that would likely be a significant change also which would require consultation.

[StevieBee]

JohnnyUK said:

Should there have been some sort of consultation to change the role to include a Sales target?

As Parabolica mentions, if the targets are now a fundamental part of your contract of employment then yes. In this case, your role has substantially changed. The test is to consider a scenario where you are applying for the job you now have with the targets in place; would you apply for that job and/or consider yourself suitably qualified and skilled? In this case, consultation is a legal requirement. Should you end up getting the sack because you failed to hit targets, you would have a strong claim for constructive dismissal.

[JohnnyUK]

Understood, thanks both of you!