I dunno if there are any legal eagles about who could offer an opinion on my dilemma.

Basically, I work in Sales for a company that offers a commission scheme on top of the basic wage, For the first 3 months of my employment (probationary period) the commission is set at a low rate .. afterwards it doubles to the standard rate. It has come to my attention that after 18 months with the company my commission wasn't increased (mistake in HR) so for the last 15 months I've been paid half the commission I'm owed. I got a very blase email through after my query stating that my commission will now be adjusted but NOT back-paid. Which is a bit off. I looked at my contract only to discover the terms described as "£xxx p.a + commission" with no mention of percentage figures – so I can't really use it to back up my case.

Do I have a leg to stand on legally? Or should I let sleeping dogs lie (although it is a lot of money!)

cheers for any advice 🙂

dave.

I would guess its a case worth making but will not be straight forward. Of course if you were a union member they would pursue it for you. You will need expert advice however – law centre or CAB perhaps?

You can have things that are outside of your written contract being binding and enforceable under some circumstances. Get as much info together as possible, get real advice then perhaps a letter to HR stating your entitlement and see if they will settle?

How much do you want to upset your employer?

surely a savvy salesman would have worked out that you werent getting the commission you were due….

Cheers for the input TJ. I'm not trying to piss em off, but it seems a bit cheeky when I pay for their mistakes without recompense.

Obviously I'm not a savvy salesman 😉

must have been making too much money in the first place not to notice it earlier 🙂

Send an e-mail to HR asking if everyone else gets this from 18 mths asking what happened in your case? Get them to admit it was a mistake or explain why you did not get it from 18 mths – do this informally via e-mail,make it look like a genuine SHORT NOT LEGAL question given in a friendly way – essentially try and get them to admit they do do this to evryone from 18 mths and they made a mistake in your case.

then get legal advice.
I would , for ease, look at haggling and look for 35%-65% of owed money to settle.

I reckon you take Junkyards' advice but then have an informal chat about it with them or a senior body within your business to let it sink in with them that you have their admittance of 'fault' in writing… Then I'd start discussing the options in very plain language as either a) full recompense within an agreed timeframe or you will seek legal advice on the matter with a view to full compensation plus legal fees. The penny will drop fairly rapidly what the cheaper and most PR friendly option is. A job is a job and we can all be sure that the same HR staff would cry loud enough if it was their bonus that'd been withheld.

Cheers for all the input guys, appreciate it ! It's not a very well-paid job and a miserly commission to boot so this is a slap in the face really. Not a job I'd be desperate to keep so I'll push it-considering they're the ones taking the p*ss.