unfair deductions?

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hi

I worked as a sales consultant for a developer for 5 years. I have now left the company in March due to their treatment of me.

I am very good at what I do and have years of experience. It started with the recruitment of 3 new sales staff of which I train. They were all brought in on much more than me. When I found out I did ask if my salary could be matched and was told if I didn't like it I could leave at any time which is their standard response to anyone asking about money.

I decided to replace my existing company car with a new one and you are able to upgrade by £100 each month so I upgraded by £80 and had a sunroof installed which was £20. The car was leased to me over a 4 year period.

There were 2 sales managers roles coming up and I expressed my interest to both Sales Directors. The first position was given to an administrator who has never worked in a sales & marketing suite in her life and when I asked why I wasn't even invited to interview I was informed by email that due to her 22 years experience in administration they decided that she was the only candidate interviewed. The job wasn't even advertised internally!!

There was a second role and I too again expressed my interest in this. Again the role wasn't advertised internally and this was 'given' to someone with much less experience than myself to a friend of the marketing manager. There were quite a few people who too were interested in both roles but nobody could even apply.

The salary is low and we were paid on commission which is great. Unfortunately, due to their incompetence they overprice every development despite sales consultants giving them plenty of evidence to substantiate this it will take on average 8 months to lower prices. In the meantime we are not earning money and in 12 months my money had fallen drastically to the tune of £12,000 in 12 months. I was so stressed my blood pressure rocketed and was signed off for 4 weeks.

I came back to my site I launched 6 months previously and after a meeting to the MD and team to launch our apartments I was humiliated by the MD telling me that the sales and marketing suite didn't fall apart just because I had been signed off. Strange, because 6 months earlier he was telling everyone that the place fell apart when I wasn't there and we didn't get sales. The admin didn't get done, you get the picture! After the meeting an email was sent out effectively demoting me saying another sales consultant who was much less experienced and had been on another site for the last 3 months being told he was now the senior consultant. I was absolutely humiliated.

I felt I had no alternative but to leave it was making me so ill.

I am now being told that I have to pay them back £4100 for the company car I no longer have. The car has been given to another sales consultant and they have been told they don't have to pay anything!

They refused to pay my commission owed and it has taken me weeks to get them to agree this which was £512. They are now telling me they will not be paying this but now deducting this from what is allegedly owed.

What I would like to know is why can they pick and chose what policies they want to adhere to?

I am going back and forth with HR and have asked them why they didn't adhere to the advertising or roles and they are insistent on me paying them back.


I could list a whole list of things they have done.

thank you in advance
DV

Comments

  • agrinnall
    agrinnall Posts: 23,344 Forumite
    First Post Combo Breaker
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    Don't bother to list things they have done, as with most of your post it's not likely to be relevant. The only things that matter are the £4100 they say you own on the company car and the retention of the commission against that amount. Both may be contractual issues, and you're the one who can see that not us, the car may be BIK related but again that's dependant on the terms under which it was provided.
  • comeandgo
    comeandgo Posts: 5,748 Forumite
    First Anniversary Name Dropper First Post
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    It is in our contracts if we upgrade to a better car and leave before the four years lease is up we have to pay the extra. It's something that really concentrates the mind, especially when nearing retirement.
  • Gavin83
    Gavin83 Posts: 8,753 Forumite
    Name Dropper First Post First Anniversary
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    What does your contract say in regards to the car/commission?
  • 74jax
    74jax Posts: 7,929 Forumite
    Name Dropper First Post First Anniversary
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    DV67 wrote: »

    I decided to replace my existing company car with a new one and you are able to upgrade by £100 each month so I upgraded by £80 and had a sunroof installed which was £20. The car was leased to me over a 4 year period.

    I felt I had no alternative but to leave.

    I am now being told that I have to pay them back £4100 for the company car I no longer have. The car has been given to another sales consultant.

    They refused to pay my commission owed and it has taken me weeks to get them to agree this which was £512. They are now telling me they will not be paying this but now deducting this from what is allegedly owed.

    What I would like to know is why can they pick and chose what policies they want to adhere to?

    thank you in advance
    DV

    You have put a whole load of info which just isn't relevant so I've cut it down for others above.

    It might have been helpful to cut out everything not relevant but include details on your company car from your contract?

    Most places do not pay commission once you hand your notice in.
    Forty and fabulous, well that's what my cards say....
  • motorguy
    motorguy Posts: 22,479 Forumite
    Name Dropper First Anniversary First Post
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    DV67 wrote: »
    hi

    I worked as a sales consultant for a developer for 5 years. I have now left the company in March due to their treatment of me.

    I am very good at what I do and have years of experience. It started with the recruitment of 3 new sales staff of which I train. They were all brought in on much more than me. When I found out I did ask if my salary could be matched and was told if I didn't like it I could leave at any time which is their standard response to anyone asking about money.

    I decided to replace my existing company car with a new one and you are able to upgrade by £100 each month so I upgraded by £80 and had a sunroof installed which was £20. The car was leased to me over a 4 year period.

    There were 2 sales managers roles coming up and I expressed my interest to both Sales Directors. The first position was given to an administrator who has never worked in a sales & marketing suite in her life and when I asked why I wasn't even invited to interview I was informed by email that due to her 22 years experience in administration they decided that she was the only candidate interviewed. The job wasn't even advertised internally!!

    There was a second role and I too again expressed my interest in this. Again the role wasn't advertised internally and this was 'given' to someone with much less experience than myself to a friend of the marketing manager. There were quite a few people who too were interested in both roles but nobody could even apply.

    The salary is low and we were paid on commission which is great. Unfortunately, due to their incompetence they overprice every development despite sales consultants giving them plenty of evidence to substantiate this it will take on average 8 months to lower prices. In the meantime we are not earning money and in 12 months my money had fallen drastically to the tune of £12,000 in 12 months. I was so stressed my blood pressure rocketed and was signed off for 4 weeks.

    I came back to my site I launched 6 months previously and after a meeting to the MD and team to launch our apartments I was humiliated by the MD telling me that the sales and marketing suite didn't fall apart just because I had been signed off. Strange, because 6 months earlier he was telling everyone that the place fell apart when I wasn't there and we didn't get sales. The admin didn't get done, you get the picture! After the meeting an email was sent out effectively demoting me saying another sales consultant who was much less experienced and had been on another site for the last 3 months being told he was now the senior consultant. I was absolutely humiliated.

    I felt I had no alternative but to leave it was making me so ill.

    I am now being told that I have to pay them back £4100 for the company car I no longer have. The car has been given to another sales consultant and they have been told they don't have to pay anything!

    They refused to pay my commission owed and it has taken me weeks to get them to agree this which was £512. They are now telling me they will not be paying this but now deducting this from what is allegedly owed.

    What I would like to know is why can they pick and chose what policies they want to adhere to?

    I am going back and forth with HR and have asked them why they didn't adhere to the advertising or roles and they are insistent on me paying them back.


    I could list a whole list of things they have done.

    thank you in advance
    DV

    Whether they did or not is not a reason for you to not pay back the extras you had put on your company car, if you contractually signed up to do so.


    Employer "You owe us £4,100"

    You "But you didnt follow HR policy six months ago on a particular incident"

    Employer "Oh thats ok then, dont worry about the £4,100"

    NOT HAPPENING.

    The time to bottom out the HR Policy issue was when you were an employee and at the time. Not when you resigned and flounced out.
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