Commission Owed

lisaj77

Hi, It has come to light that the commission I have received is far lower than what was in my offer letter when I started this position 4 years ago. In March 2023 I had to reapply for my job as redundancies were being made due to a merger, it was then I noticed my offer letter which I accepted the job on was more than the commission i received. I work in sales for a developers. When I bought this to the attention of my manager he allowed me to claim at the higher rate going forward and then last month I took it to HR. I have a meeting this week and believe that they are declining any back payment which equates to £23,000 but will allow the new rate going forward. Where do I stand please

Marcon

lisaj77 said:

Hi, It has come to light that the commission I have received is far lower than what was in my offer letter when I started this position 4 years ago. In March 2023 I had to reapply for my job as redundancies were being made due to a merger, it was then I noticed my offer letter which I accepted the job on was more than the commission i received. I work in sales for a developers. When I bought this to the attention of my manager he allowed me to claim at the higher rate going forward and then last month I took it to HR. I have a meeting this week and believe that they are declining any back payment which equates to £23,000 but will allow the new rate going forward. Where do I stand please

If they do decline back payments, ask them on what basis they are doing so IF you have an unconditional contractual right to such payments.

lisaj77

Thank you, I had a meeting on Friday and they have advised that they will continue as a gesture of goodwill with the higher percentage going forward but they will  not backdate as it is non contractual, am I able to go back argue it seeing as my manager change it to the higher back in March during the consultation process

DullGreyGuy

So what does your contract say? Both in terms of the commission itself and if there is any clauses on conflicting information (better contracts will state what its in the contract will override anything communicated before the contract)

GingerTim

Have you spoken to your union rep?

lisaj77

I have just checked my contract and it only states part of my commission but the section i am querying which they stated non contractual in the offer letter isnt in there, 

this is the section of my offer letter, the upgrades is the part i am questioning as i have only been getting 0.33% of 2.5% instead of just 2.5% 

Commission: £200 per property 75% on exchange, 25% on completion. Paid monthly, one month in arrears. Also, non-contractual commission of 2.5% of upgrades value paid on same % split and monthly, i.e. customer upgrades of £10,000, £250 is claimed (£187.50 on exchange and £62.50 on completion)

lisaj77

i havent spoken to a union rep 

Savvy_Sue

lisaj77 said:

i havent spoken to a union rep 

If you're a member, that's your next step

GrumpyDil

I think you will struggle with the back pay element as the offer letter says non contractual which makes it discretionary but good luck anyway.