Viewing 5 posts - 1 through 5 (of 5 total)
  • Employment/commission issue
  • spacemonkey
    Full Member

    At the end of 2008 my employer started making redundancies as well as asking other people to accept reduced pay, etc. Luckily, this didn't include me. However, the MD did say he wanted to review the way my commission worked because he felt that some months my revenue was low/quiet and others were very high/busy, i.e he wanted to find a way to stop paying me monthly commission based on reaching agreed threshold, and offer something based on quarterly or annual. He said he'd draft something and we could discuss from there.

    However, nothing has been drafted or agreed (in writing or verbally), but he has still refused to pay me commission (as agreed in my contract) on the months I've exceeded threshold, because he seems to be prolonging this until he drafts what he feels is a more appropriate model.

    Now, the amount "owed" to me is mounting up and I'm on the edge of saying "Enough's enough, you haven't draft anything … I'm owed X, please pay up."

    Am I in my rights to be black and white and call this in, or is there some kind of red tape that could go against me?

    tvm
    SM

    uplink
    Free Member

    Without a union to excerpt any force – your only option is to negotiate yourself or leave & claim constructive dismissal

    TandemJeremy
    Free Member

    Get real advice – employment lawyer or the like

    Or sue for breach of contract. Until you have agreed a change of contract your old terms and conditions apply. Even if it is not a written contract if you have been paid in a certain way its "custom and practice" and becomes effectively part of your contract.

    small claims court is easy to do for debts up to £5000 IIRC but you will probably be managed out if you stir it up too much.

    spacemonkey
    Full Member

    Fair enough – I like the sound of the "custom and practice" to back up the contract, etc.

    There's definitely no need for me (or anyone) to get heavy about it because we have quite an informal attitude across the board. And the MD and I get on pretty well. It's just that I can see this profit mounting up and I'm thinking "Let's be fair about this … you've had 12 months to draft something and haven't … and you owe me X"

    Don't want to rock the boat (as such) or jump ship or get knee-jerking because 1) it's a good job, 2) there aren't many jobs in my field, 3) I'm developing my role into what I want to do.

    TandemJeremy
    Free Member

    I would still go and get some real advice.

    Get well armed with facts and legal stuff. go in and tell him what you want – don't ask. He is taking you for a mug and unless yo stamp on hm he will continue to do so.

    Ultimately you have to decide if the money you are owed is worth losing your job – 'cos that may well be the choice.

Viewing 5 posts - 1 through 5 (of 5 total)

The topic ‘Employment/commission issue’ is closed to new replies.