Made redundant but employer going back on verbal agreement

BAILEYS6904

Hi

Hopefully someone will be able to advise. I was being made redundant from my sales job and went through a consultation process for this.

As the job is sales, at the consultation period, I asked if I would still be paid commission, as certain objectives had to be performed to normally get this, and these tasks werent practical during the consultation. In my last consultation period I was told that I would be paid my full commission for this period, but that they also wanted to extend my consultation as they thought there may be another job available in the near future. He said that this was as a 'thank you' for the way I'd conducted myself during the consultation as I had still been bringing business in etc'

I ended up declining the extension, and left the next day but only after a meeting with my HR exec (not the director that made the promise)and a chap from finance who thought I was just to be paid for work done, not full commission. The hr chap confirmed that he was under the understanding that I was to be paid the full commission for the period. As HR director wasnt in that day, it was agreed to write the final letter to say payments due, and that commission payments would be confirmed the next day.

ANYWAYS, funnily enough, theyve gone back on what was said and I'm being told that I misunderstood (strange, seeing as the Hr exec must have misunderstood as well). I have stated that both of us agreed the same was said, the finance chap witnessed the hr exec being under the same impression as me, but I have received emails from the hr director saying that I misunderstood and one from the hr exec, saying that we both thought he meant full commission, but the notes reflect that it was only on about 10% of what they said, and to accept his apologies

Can I do anything??? Should I just give up? I really dont want to, but not sure what I can do. I have a witness to HR Director saying I'd get paid full amount, and a witness to the witness (if you know what I mean).

Sorry, I'm a single mum and the amount they said I'd get is a few thousand pounds, so would make for a great xmas for the little one, so I'm loathe to lose it.

Sorry about the lengthy email, advice would be really greatly appreciated xx

Googlewhacker

If you are owed it then go see a solicitor and see what your chances are, it may only take a letter threatening to take them to a tribunal to get what you are owed or if they are going bust or just stubborn you may need to follow through.

However, this is one of the few times that Uncertains mantra of they may pay up rather than having to foot the costs of a tribunal if it is only a few thousend for them (alot for you though).

The thing is would you be able to prove anything?

BAILEYS6904

Thanks for this Googlewhacker, it is a huge amount for me!

I have an email from the HR Exec, saying that he thought the final payment may have included the full commission potential as well, and the finance chap witnessed the Hr exec stating the same to him. Basically they said they'd pay me the full OTE for the period, as oppose to just what was achieved, so its not technically owed, but was promised. I brought more business in than anyone else even during the consulation period, and funnily enough got made redundant approx 3 weeks before my 2 year service was up (Not that I'm bitter, obviously! lol ) xx

Googlewhacker

BAILEYS6904 wrote: »

Thanks for this Googlewhacker, it is a huge amount for me!

I have an email from the HR Exec, saying that he thought the final payment may have included the full commission potential as well, and the finance chap witnessed the Hr exec stating the same to him. Basically they said they'd pay me the full OTE for the period, as oppose to just what was achieved, so its not technically owed, but was promised. I brought more business in than anyone else even during the consulation period, and funnily enough got made redundant approx 3 weeks before my 2 year service was up (Not that I'm bitter, obviously! lol ) xx

I'm not a solicitor but as that email has the word *MAY* in it I would expect the other solicitors to say that the HR Exec was not sure blah di blah and it wasn't a definate promise of the bonus.

Also can you guarantee the finance chap to admit what he witnessed?

Go see a solicitor for 30 mins free and see what they say.