Advice Required: Regarding not being paid.

Aymer
Aymer Posts: 9 Forumite
edited 27 November 2012 at 6:03AM in Employment, jobseeking & training
Hey All (sorry for the length of this message a brief summary is at the bottom of this message I know its super long lol),

I know there is a lot to read here but I just want to ensure all the information is available so I can get a accurate answer.

I have been doing some research, not much as I will do more tomorrow, regarding my current situation.

I have been working for a company called Green Deal All Round, in a door to door role. I was enjoying it and promoted to a team leader within 3 days. I have trained many people for them, and tried to maintain my usual score of a minimum of 6 leads per day.

The role was full time, and the basic pay was meant to be £200 a week or £40 a day. Ive worked their for 2.5 weeks and today was dismissed, which was apparently due to a problem with my leads.

I have never made any leads up and have always given all their customers the pitch I was taught. One of the managers there (should) vouch that I worked hard and so on, however I have been recently informed she is a partner of the business, which may mean she will not be entirely honest.

Anyways.. my main issue is they let me go today, which was a bit of a shock, but fine, it happens, however my MAIN issue is that they have not paid me, for the period I worked.

According to my contract it says we will be paid 2 weeks in arrears, which to my understanding is fortnightly, this time frame, officially elapsed last Wednesday, although my manager told me I would be paid on Friday just gone. I did not receive my wage, and spoke to the manager who "deals" with the pay and he said I would receive it by the afternoon. This still did not happen, I worked from 1- 8:30pm so I did wait until 8pm to check my account.

I then spoke to my line manager who was regularly out on the field with us, she told me to check on saturday, and if I do not receive it contact the other manager. He did not answer my call on saturday, or my text, and now ive been sacked. During this meeting with him told me there was a problem with my leads, most of which were people saying they are not interested, although my response to that is if they werent interested why would they give me there contact details and preferred time.

One issue im having is that I never received my signed contract back, but he gave me a blank copy today, and he is saying the board are only going to pay me commission for any of my sales and not my basic pay. My contract does state they can do this effectively, however if this took affect anytime after my first payment, I would of kind of understood, but the fact they haven't paid me anything, at all makes me think this is a "breach of contract".

There are a couple of others who have not been paid, that started when I did. Now I told him that I will not let this go as I am owed that basic salary, as I worked it, and he is going to speak to the "board" again (I am to call him on wednesday).

Am I right in thinking that even with there declaration that if there is a certain problem with leads they will only pay me commission, can be partially ignored as they haven't paid me anything at all.

Also another thing is he told me that none of my leads have generated, sales, yet he will pay me double the amount of commission for any of my other leads they will sell, which equated to £40.

Now I know for a fact one of my leads sold, unfortunately our leads go to a different building to be called, apparently. Now if he is proclaiming that I had no sales from my leads and I know I have at minimum one (as my line manager during a conversation showed me, just so by the way one of my lead sheets with an appointment booked), means that I could have 50 appointments booked and they are saying none.

To be honest I just wanted my wage, but I have a feeling this is going to have to be more, than what it needs to be. I really just want to know where I stand, or how I should go about taking action, if they don't resolve this.

Another thing my contract stipulates, is about the amount of leads needing to be generated I know there were some days I didn't hit target, but due to my role changing ie needing to handle a team it was on occasions harder to get my quota, although to be fair it only happen 3 days out of 13, which isnt bad considering one of the days was due to my manager taking me to different offices and travelling for most of the day on a bus.

So to summarise, my contract does state some conditions that can move me down to commission only, but not paying me even one days salary on pay day just makes me feel they had no intention to ever pay me, and not only that this "problem" with my leads only became a problem on the day I was due my pay.


I appreciate any help, comments, advice. Even if you just tell me I am numpty and there is nothing I can do.

Thanks in advanced
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Comments

  • Does your contract state you are employed or self employed?
  • Aymer
    Aymer Posts: 9 Forumite
    I believe its self employed, as we are meant to pay the NI and Tax on our salary.
  • Then I belive the only way to get your money would be to submit a claim.

    You can do this online - search for 'money claim online'

    There is an initial up front cost but if you win you get this back
  • Aymer
    Aymer Posts: 9 Forumite
    Ok I will look into this further, my main concern is, I have no money to pay up front as this job involved transportation cost, and due to being told I will be paid on a certain date I only budgeted until then. However I will look into the above more and hopefully fingers crossed tomorrow they will just say we are going to pay you and let me be gone forever but I doubt this will happen. Cruel world.
  • keyser666
    keyser666 Posts: 2,140 Forumite
    I have seen this many times and to be promoted to a TL within 3 days does not fill me with confidence, not saying you dont have the skillset. Think you will struggle to get the money from them to be honest as they will probably dissolve the company and start up again under a different name
  • keyser666
    keyser666 Posts: 2,140 Forumite
    Looking a bit further they only registered their ltd company name in September this year and their website in October this year, and the registrant has a few failed business/phoenix from the flames ltd companies behind him.......... even more so does not fill me with too much confidence
  • Aymer
    Aymer Posts: 9 Forumite
    I felt it was dodgy at first but i got along with one of the managers (field manager really well, and foolish thought that must be ok).

    Where did you find out about the failed business and so forth, many of my team are still there and know i am looking into this matter further.

    I was told to call today and did and was told it will definitely get an answer one way or another by tomorrow!! I know they only recruited 15 people on monday so I really don't know if I should start a claim now or I dont know. I have literally zero money, to start a claim, would i be able to do this with legal aid?
  • Aymer
    Aymer Posts: 9 Forumite
    sorry i am ever soo rude, thank you all for the help on this matter.
  • DCFC79
    DCFC79 Posts: 40,595
    Name Dropper First Anniversary First Post
    Forumite
    edited 28 November 2012 at 5:32PM
    Aymer wrote: »

    Where did you find out about the failed business and so forth, many of my team are still there and know i am looking into this matter further.

    You can find out some info from companies house.

    Good luck with getting what your owed.
  • Aymer
    Aymer Posts: 9 Forumite
    Thanks bud, since locating company house (when you said that, I gave a big ooooooh thats what they do lol)

    I am a tad sick at the amount of companies he has dissolved *7 out 9* and the fact that he tells us his name is chris rose, when its actually not and is Kyriacos C Pitsillos, which makes much more sense, as im half cypriot *where he is from* and never met a rose far too few letters.
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