Can any one assist - no contract+no pay 26 April 2017 at 3:42PM in Redundancy & redundancy planning 4 replies 3K views

JamesJohnson

Hello all, let me know if I am posting in the wrong area.....I have had a nightmare!
I have recently been "employed" within a company where they have never given me a contract.
I have been there since November and was employed to sell life insurance over the phone on a commission only basis.....
I walked out last week after no payments, no contract and being sick of them continually lying to me and not paying what I thought we were going to get paid.
I believe I have sold about £10,000 worth of commission and the agreement was to go halves.
They were supposed to provide the leads and because I had worked in the financial services sector before, I would do the selling. Since Feb, they didn't get me a lead and suggested I find the leads instead (I suppose I should have left at this point) but I assumed that if I started selling, they would start providing leads and we would all benefit.
So, I left last week after 0 leads and no commission paid. I am now totally skint and looking for a new job. Is there anything I can do to get my money or I have just been a fool in letting them get away without a contract of employment?
Thanks
JJ

lincroft1710

There is a contract of employment - you agreed to work for them for half the commission (whatever that is) - but it is not in writing.

JamesJohnson

Thanks, so what can I do? Acas only help employed people, I do not know where to turn..

lincroft1710

If you are certain the company owe you a specific amount of money and despite you asking for this they have refused to pay you, you send them a Letter Before Action and make a claim for the amount owed via Money Claim OnLine. This is a last resort if the company refuse to pay what you believe you are owed

theronstar

If I can add to what has just been said, you are going to want to establish a 'cause of action' if/when you file a Claim.

Your cause of action is Breach of Contract.

It helps if contracts are written down because it helps avoid "he said/she said" but a contract is still binding, even if it is oral only.