Commission Payment after Resignation

nancy_c_b

I'm just after a quick bit of advice. My husband was offered a new job to start 1st July. He has a 1-month notice period so handed in his notice to current employer on 1st June. They didn't put him on garden leave or pay him in lieu of notice - he's been working out his notice period (although barely doing any work). He has a contractual commission element to his pay - 10% of the value of any new business placed by him. This is calculated annually I believe, July to June, and is paid in the July pay packet. Although he will have been working for the company for the full commission year, because he won't be employed by them when payment of commission is due, they are saying they won't pay it. His boss says there was an 'email' which stated something like you don't get commission if you leave, but husband can't find the email. I want him to argue that it's in his contract so they should pay it. He doesn't want to burn his bridges by getting a solicitor involved and has no hard feelings towards the company other than this. What;s the best way for him to get the £2k owed?

74jax

It's fairly common for bonuses not to be paid if you leave/hand notice in . Does his contract say anything at all?
Has he asked for a copy of the email? 

nancy_c_b

His contract simply says "You will also receive a 10% commission on the value of new business placed directly by you for (the company)". It talks later on about notice period and that the company reserves the right to make payment in lieu of notice. But nothing about forfeiting commission. It would be understandable if he was leaving part way through a year.

Brynsam

As above - ask for a copy of the e-mail. Although that may not resolve the issue, at least he'll know what it says and can then decide what steps to take.

TELLIT01

It's pretty normal that elegibility for any form of bonus / commission payment requires the employee still to be with the company on the date the bonus/commission falls to be paid.

nancy_c_b

TELLIT01 said:

It's pretty normal that elegibility for any form of bonus / commission payment requires the employee still to be with the company on the date the bonus/commission falls to be paid.

Even if it doesn't say that in his contract? He's going to email his boss today and ask for a copy of the communication about non-payment if you leave.

Marcon

TELLIT01 said:

It's pretty normal that elegibility for any form of bonus / commission payment requires the employee still to be with the company on the date the bonus/commission falls to be paid.

Agree - but just because something is 'pretty normal' doesn't mean it always applies, especially if the contract is silent on the point. Be interesting to know the date of this 'missing' e-mail and what it says.