Should I pay back guaranteed commission ?

Dogman213

sangie595 wrote: »

In terms of legally owing the money back, it's pretty clear. If you didn't sign, it would be very hard to legally get it back. On the other hand, morally, guaranteed commission on something you didn't earn? I'm not interested in morals. That's up to you. But if you think they can't get you back or make your life hell..? For years if they want to...? Oh yes they can...[/QUO

Thanks for the comment, however surely if they lost a court case then how could they tasking any others with persuing the debt ?

mr_munchem

In the Employment Rights Act 1996, Part II, Protection of Wages, the following is said:

(1)An employer shall not make a deduction from wages of a worker employed by him unless—
(a)the deduction is required or authorised to be made by virtue of a statutory provision or a relevant provision of the worker’s contract, or
(b)the worker has previously signified in writing his agreement or consent to the making of the deduction.
(2)In this section “relevant provision”, in relation to a worker’s contract, means a provision of the contract comprised—
(a)in one or more written terms of the contract of which the employer has given the worker a copy on an occasion prior to the employer making the deduction in question, or
(b)in one or more terms of the contract (whether express or implied and, if express, whether oral or in writing) the existence and effect, or combined effect, of which in relation to the worker the employer has notified to the worker in writing on such an occasion.

Therefore, if the deduction from wages is expressly implied in the contract, and it has been given to the employee there would not be a requirement for a signed agreement to the deductions.

In addition, this may not actually be a deduction from wages. If the OP has received their final salary payment, this could be a civil claim for repayment of the bonuses which would not rely on a deduction from wages agreement.

steampowered

If you received the contract and worked on that basis, it may be legally binding even though you didn't sign it.

What does the contract actually say about repaying commission?

Dogman213

steampowered wrote: »

If you received the contract and worked on that basis, it may be legally binding even though you didn't sign it.

What does the contract actually say about repaying commission?

Exactly that, "should you leave the company within 12 month the guarenteed commission would need to be repaid"

nicechap

Dogman213 wrote: »

Exactly that, "should you leave the company within 12 month the guarenteed commission would need to be repaid"

So why haven't you paid it back?

steampowered

Have you considered, as sangie pointed out, whether paying back the commission would take you below the national minimum wage?

It is definitely worth running the calculation.

sarahsays

As someone else has already suggested, I would ask for a copy of the SIGNED contract.