Unpaid commission

I have some unpaid commission from a previous employer, he left in February 2018 and the new employer who has taken over the company has changed the name of the company and is refusing to pay any unpaid wages/commissions owed by the previous employer. He says it should be paid by the previous employer, is this true?::(

Comments

  • What's the relationship of the new company to the old company? Were either limited companies? What did the new one actually acquire when it took over?
  • nicechap
    nicechap Posts: 2,852
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    Were you TUPE'd over?
    Originally Posted by shortcrust
    "Contact the Ministry of Fairness....If sufficient evidence of unfairness is discovered you’ll get an apology, a permanent contract with backdated benefits, a ‘Let’s Make it Fair!’ tshirt and mug, and those guilty of unfairness will be sent on a Fairness Awareness course."
  • NPC
    NPC Posts: 8 Forumite
    The new one is a limited company and the old one was also. The new one acquired all staff and fixtures and fittings including all the equipmenmt
  • NPC
    NPC Posts: 8 Forumite
    Yes we were
  • nicechap
    nicechap Posts: 2,852
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    edited 20 April 2018 at 1:48PM
    NPC wrote: »
    Yes we were

    The new company acquired the debts & responsibilities of the old one then and owe you the commission.

    Having said that, was your commission discretionary, like bonuses?

    How will you broach the subject with your company? This is what unions are for.
    Originally Posted by shortcrust
    "Contact the Ministry of Fairness....If sufficient evidence of unfairness is discovered you’ll get an apology, a permanent contract with backdated benefits, a ‘Let’s Make it Fair!’ tshirt and mug, and those guilty of unfairness will be sent on a Fairness Awareness course."
  • NPC
    NPC Posts: 8 Forumite
    The commision was not discretionary and I'm really not sure how to approach the situation, our new directory is quite arbitrary and seems to just want whatever he wants whether it's illegal or unfair and doesn't want to listen to anything that he doesn't agree with!!
  • nicechap
    nicechap Posts: 2,852
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    NPC wrote: »
    The commision was not discretionary and I'm really not sure how to approach the situation, our new directory is quite arbitrary and seems to just want whatever he wants whether it's illegal or unfair and doesn't want to listen to anything that he doesn't agree with!!

    Then you need to find a better employer who appreciates your skills and what your bring to the company (sales presumably). Spending money to sue your current employer will also be time consuming and impact on your personal life. Good luck.
    Originally Posted by shortcrust
    "Contact the Ministry of Fairness....If sufficient evidence of unfairness is discovered you’ll get an apology, a permanent contract with backdated benefits, a ‘Let’s Make it Fair!’ tshirt and mug, and those guilty of unfairness will be sent on a Fairness Awareness course."
  • Ja7188
    Ja7188 Posts: 336
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    The commision was not discretionary and I'm really not sure how to approach the situation, our new directory is quite arbitrary and seems to just want whatever he wants whether it's illegal or unfair and doesn't want to listen to anything that he doesn't agree with!!

    Are you sure that the commission isn't discretionary? I've worked in roles involving commission and bonuses my whole working life and I'm fairly sure every commission plan I've seen has included a clause allowing the company to alter or discontinue the scheme at any time...

    Assuming that by 'unpaid wages' you mean unpaid basic salary, that should be a very different matter.
  • NPC
    NPC Posts: 8 Forumite
    Thank you all for your responses it has helped me to understand my rights, the matter has now been left with our director, I don't have much hope as he doesn't pay attention to other areas of the law either!
  • Masomnia
    Masomnia Posts: 19,506
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    You can potentially bring a tribunal claim for unlawful deductions from wages. Speak to ACAS. First I would see how far you get with this director. Be quick about it though because it's time limited.
    “I could see that, if not actually disgruntled, he was far from being gruntled.” - P.G. Wodehouse
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