Clawback after being mis-led when signing a contract

betmunch

Heres my sad story:

I joined a company about 6 months ago because I wanted to earn more money. During the interview process Commission was discussed and what I should expect to earn.
Three scenarios were discussed, I dont remember the figures, but I have them at home. The worst case scenario was that I should expect to earn £16,000 in commission.

Fast forward to now and things have not gone well at work, I dont feel supported and once of the branches I cover is pretty much falling apart. I have managed to get my old boss to take me back.

I have just recieved a phone call from someone high up saying that they will not be paying me for the month and will actally clawback pay from me to the tune of £3,200. This is £2,000 for the initial training, and £1,200 for 3 months guarenteed commission.

I am arguing that I would never have signed the contract had I been aware of the actual figures that the previous consultant earnt, or if I had been aware of what the top consultant earnt.

The top consultant earnt aprox £11,000 in commission last year and I was presented with a "worst case" scenario of earning £16,000. The last consultant to cover my branches earnt aproximately £4,000, again well short of the £16,000 worst case I was told to expect.

I dont believe I should have to have the training costs clawedback from me as I didnt learn anything from the training, got no qualifications from it, all it did was allow me to trade for the company

I feel that I have been deliberately misled into signing the contract and therefore the onerous term in there should not be enforcable. Do I have a leg to stand on?

I'm just off to CAB so hope to have some help when I return, fingers crossed

Cheers

Zazen999

You need to check what was written in your contract; with regard to training costs and commission.

Uncertain

Unless there is a clause in your contract (or you give permission) then it is illegal for them to deduct money from your wages irrespective of whether the money is owed to them or not. If they do this you would have a straightforward case to take to a tribunal for unlawful deduction of wages. This does not need a one year qualifying period

IF they have a right to "claw back" any of this money then they need to explain why. If they have a valid case any you don't pay they could of course sue you. They would have to accept repayment over a reasonable period of time as this is all they would get even if they went to court and won.

betmunch

How is it illegal for them to deduct money from my salary?

The clawback clause is in the contract, my arguement is with the breach of trust when discussing commission. I would never have signed the contract if I had been given accurate figures as I would have known I would not have been better off.

Due to the breach of trust in the implied terms I feel the contract should be invalid.

Hopefully seeing CAB on Monday

Uncertain

betmunch wrote: »

How is it illegal for them to deduct money from my salary?

The clawback clause is in the contract......

Then it is not illegal (which is why I began my post "Unless") !