Commission entitlement after leaving job?

AbsintheBride

Good evening all!!!

I'm new to this site as a member, but have read many of your fantastic and helpful threads (and Martin's posts of course) before.
So big thank you first of all!

I have an issue now with my current employer. At the end of this month, I will leave work and start working for a new company.
At my current job, we get a commission paid which is a percentage of a month's turnover.
This commission leaps three months behind, so when a sale took place in April, we would get the commission paid in July.

I have asked my boss what will happen after I leave my work place as the outstanding commission, that I am entitled to, would be hundreds of Pounds and, of course, I will not just leave without getting paid what I think I am owed.
The problem is that, in more than two years of employment and begging for a proper work contract, I never got one. I have no idea why, but it is a small company and all employees do not have a contract.
My boss told me, once I have the P45, he will no longer pay me as he is not my employer any more. But there is a substantial amount of money at stakes, money that I have worked very hard for!

So my question is: Where can I find any law or something black on white that tells me what is going on? I tried to do research online, but it is all very confusing.
We do not have a HR department -as I said, it's a very small business.

Any help or advice would be very welcome!
Many thanks in advance!!!!

BigPhil

I would say that in the absence of a contract it makes it very difficult for either side to prove their case without it being decided by a Tribunal, and I daresay that if you can prove categorically that the money was earned but not paid to you, then the decision may come down in your favour, but I will duck out of this one as my last dealings with commission payments were many years ago. In that case, I received a cheque some time after leaving I think.

System

Did you get commission at the end of the first month that you worked for the company? If so then you don't get anything after you leave.

inmypocketnottheirs

They should pay you commission if you have earned it. If it comes to it you may need to take action in the small claims court.

AbsintheBride

Big Phil.....thanks! I was literally begging for a work contract, but my boss is a rather stubborn person who won't make an exception. He has never, since 1962 when the business started, given anyone a work contract and certainly wouldn't give me one.
For the new job, I have received a 10-page-contract that states exactly what I am entitled to. Wished every employer would be like that.

!!!!!!....I have not been paid any commission in the first three months as I was not present when the sales took place. But I have been working terribly hard in the last months and it would only be fair to pay what I am entitled to.
In any case, if I'm not here any more, the commission would be divided between less colleagues 2, not 3), which means they would get a few extra £££ which is actually my money. Not good, is it?

inmypocketnottheirs....(I like your user name) I'd certainly consider that as it's not £20 we are talking about, but hundreds.