Pay Entitlement During Notice Period

rjh95

Hi All,

I handed my notice into my employer last week which is effective from 11/09/2017. I am a Lettings Negotiator and have a salary + commission. I am just wondering if I am entitled to commission that would have been gained during my notice period had I been working. For example, commission is paid once a tenant moves into a property… I have 6 tenants moving in between now and the time my notice expires however I have now been asked not to return to work however these are all tenancies which I have negotiated. If these tenants successfully move in would I still be entitled to the commission?


Thanks

jobbingmusician

What does your contract say? None of us can attempt to answer this question without this rather vital information - how are we supposed to know your commission T & C?

rjh95

Apologies ,
Having read my contract there is absolutely no mention of it under the Termination / Resignation part of my contract. The only time commission is mentioned in my contract is to confirm that my job role benefits from it. As a result I understand that probably makes this question no easier to answer.
Unfortunately with the way my resignation has been handled by my manager so far I don't see him being very cooperative therefore I just want to be prepared.
As there is nothing on my contract does that leave me without a leg to stand on or is there any sort of general rule that an employer should comply to here ?

Unfortunately I have absolutely no idea how all this works so any advice would be appreciated

[Deleted User]

rjh95 wrote: »

Unfortunately I have absolutely no idea how all this works so any advice would be appreciated

So you've never had leavers in your company? Never heard an inkling or gossip on how they were treated?

How do the customers get treated?

A public forum is just *support* if that, you would doing yourself a disservice by not getting the answers directly from who ever you need must. If your line manager isn't being helpful then look to go above their head whenever possible. No point keeping quiet if you are not happy or sure about something, the only person you'd hurt is yourself. Hope you get it nipped in the bud soon.

Guest101

When commission is calculated- how is this done?

Introductory stage or finalisation.

For example if you were ill when a tenancy began, would you still be paid it?

It could be argued that another member of staff took over your accounts and worked on them as you weren't able to

rjh95

The business is run out of 1 office employing 8 staff so it's a very small company. Since I've been there four people have been sacked ( three of which unfairly in my opinion ) and three have left on their own accord , however none of their jobs benefited from commission as they either didn't make it past 6 months or had roles in the company that didn't involve sales .My manager is also a director and the owners son , the owner himself is not involved with the company and trying to get in contact with him is near impossible , he quiet simply isn't interested and doesn't care.

For such a small business the staff turnover is very high so that tells you all you need to know about the type of people i'm dealing with here , luckily I managed to keep a good working relationship with them during my time however after handing my notice in it has been taken personally. Judging on how he has treated past colleagues I am concerned that he will try and make things rather difficult. I'm guessing i'm just going to have to see how it all plays out and hope for the best !

rjh95

Guest101 wrote: »

When commission is calculated- how is this done?

Introductory stage or finalisation.

For example if you were ill when a tenancy began, would you still be paid it?

It could be argued that another member of staff took over your accounts and worked on them as you weren't able to

Commission is calculated on finalisation so when the tenant moves in and collects they keys from our office , this is then considered a completed sale and added to my monthly commission which is then paid at the beginning of the following month.

Yes if I was ill on the day a tenancy begins providing i had done the viewing I would still be paid commission , with the six tenancies that are due to move in between now and my notice period expiring I did the viewings on every one.

Savvy_Sue

From other threads here, it looks as if the 'norm' is for commission NOT to be paid to anyone working their notice.

Your contract is silent on that matter, so you might be able to argue the case, but I suspect you'd have to go to the Small Claims court to do so, with no guarantee of success.

Guest101

Savvy_Sue wrote: »

From other threads here, it looks as if the 'norm' is for commission NOT to be paid to anyone working their notice.

Your contract is silent on that matter, so you might be able to argue the case, but I suspect you'd have to go to the Small Claims court to do so, with no guarantee of success.

agreed, whether as a small business, it's cheaper to pay out rather than go to court may be the leverage the OP needs

jobbingmusician

rjh95 wrote: »

Apologies ,
Having read my contract there is absolutely no mention of it under the Termination / Resignation part of my contract. The only time commission is mentioned in my contract is to confirm that my job role benefits from it. As a result I understand that probably makes this question no easier to answer.

No, your answer doesn't - except that it does seem to me that there is no variation during the contract period. What does your contract actually say about commission? You don't have to post the answer on here if you think it would identify you. If your contract says that you benefit from commission on sales, you have been paid this during your employment, and your contract is silent on notice periods, I would have no hesitation in sending a note to payroll (just before you leave, when all the tenants have moved in, whichever is earlier) confirming your resignation and noting the amount of commission you are due. The words 'custom and practice' might be useful.

From here on:

They reply to your letter saying they will pay, and do pay -
They reply to your letter saying they will pay, and don't pay - :mad: LBA after leaving with clear timescales for payment.

Plus two more options where they DON'T reply to your calculation, same moves on your part.