Commission payments after resignation...

christianbeccy

CBA - Worst forum ever...

martinsurrey

On your last day of employment were the deals finalized, and so eligible for commission?

If not, unless they have a history of paying commission to leavers for un finalized deals, I cant see you getting anywhere, just like someone on an annual bonus scheme doesn't get prorated bonuses if they leave mid year... you left mid deal.

martinsurrey

well of course the advice will change if you give a lot more peniant information, I'm out.

engineer_amy

christianbecccy wrote: »

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My employer paid me the majority of what I was owed, so surely has accepted in doing so that commission was payable, but the final figure doesn't correlate with anything, despite me asking. It looks like a 'plucked from the air' figure, in the hope that I wouldn't notice.

Would there possibly have been any deductions from the payment that would reduce it from the full amount of commission to the amount received? such as taking more holidays than had been accrued at the time of leaving?

engineer_amy

Bonuses/commissions can be included under the definition of wages, whether contractual or not, as long as it is easily quantifiable and based on specific targets or KPIs. As it is based on your placements, im assuming it is calculated as x% of the perm placement fee, so therefore pretty easy to calculate.


In this case, I would be sending the ex employer a letter asking for a full breakdown of the commission payment, which clients/fees it related to and any deduction from it, failure to provide within x days will result in you pursuing a claim for unlawful deduction from wages.


it might spur them into action to at least give you more information, then if you are owed more, you can ask why they said no further adjustments can be made.

engineer_amy

only you know whether fighting over £500 is "worth" the time and effort required to bring a claim. According to citizens advice the cost of bringing a Type A claim (unpaid wages) is a total of £390 for issue fee and hearing fee before getting a decision.


If you win, this is reclaimed from the employer, if you lose, you may have to pay the employers costs. No one can say for certain whether your claim would be successful, especially not without seeing your contract and this additional document you mentioned that was brought in recently.
A call to ACAS might give you some clarification on the legal side and help you decide whether to pursue it.

agrinnall

christianbecccy wrote: »

martinsurrey - I don't really understand your reply. My second reply gives more info, nothing has changed.

What does 'peniant' mean?

I think he meant "pertinent". And the fact that you have now posted the following shows that he was right to think your are deliberately withholding information that could change the answers. Two of the things we don't like are drip feeding and people changing their story.

christianbecccy wrote: »

Amy,

I mentioned above that there is a punchline, I just didn't want to complicate a forum post with further details as they aren't that relevant to the original question.

Suffice to say, it's really not about the money. It's more to do with whether or not they have breached contract for other reasons.

DandelionPatrol

engineer_amy wrote: »

only you know whether fighting over £500 is "worth" the time and effort required to bring a claim. According to citizens advice the cost of bringing a Type A claim (unpaid wages) is a total of £390 for issue fee and hearing fee before getting a decision.

Small Claims Court would be more appropriate. £35 [?]

engineer_amy

DandelionPatrol wrote: »

Small Claims Court would be more appropriate. £35 [?]

Yes, this would work too, hadn't thought of a Money Claim or what ever it calls itself these days.


If it wasn't about the money, most people would close the door on it and move on. It almost sounds like you want revenge, or to make things difficult for the employer. It doesn't change my answer, its still down to how much time and effort you want to spend resolving this.

BrassicWoman

christianbecccy wrote: »

The story does have a further twist, but let's see if anyone can answer the above question, then I'll tell you the punchline...

That's really not how advice works; it isn't a guessing game!

dacouch

I had a feeling there would be an issue of a breach of restrictive covenant.