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JGM
JGM, Solicitor
Category: Employment Law
Satisfied Customers: 10105
Experience:  30 years experience as a solicitor.
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Can a new employer ask a previous employer to verify total

Customer Question

Can a new employer ask a previous employer to verify total earnings including commissions or can they only ask to verify basic salary alone. I work in sales so half of my total earnings is salary and the rest is commissions. What can a new employer verify by calling an old employer
Submitted: 3 years ago.
Category: Employment Law
Expert:  JGM replied 3 years ago.
In the absence of agreement the new employer can ask for all earnings that would be contained in a P45 which your previous employer should have given you. That will include all earnings.
Customer: replied 3 years ago.


Hi, When you say "in the absence of agreement" what do you mean by this?

Expert:  JGM replied 3 years ago.
A contract between the employee and the new employer could regulate the information that the employer was entitled to seek in respect of the employee. The best example is a criminal records check but a contract could allow the new employer to seek information from a previous employer.
Customer: replied 3 years ago.


OK.


 


My previous employer made payments to me during my employment which were shown on my P45 when i left but due to my commission being paid in arrears they made a subsequent payment to me after my P45 had been issued.


 


Would my new employer be able to verify the value of all of these payments or just those made whilst i was in employment?

Expert:  JGM replied 3 years ago.
What is the relevance of the new employer getting this information?
Customer: replied 3 years ago.


I am negotiatiing with my new (prospective) employer for a higher basic salary and have been asked to provide previous P60s. I've doen this but some fo the P60s wre emissing so I am wondering what level of detail they can get from my previosu emplolyer. As a very large final commission payment was not included on my P45 i was wondering if my new employer will be able to establish this or just what was stated on my P45

Expert:  JGM replied 3 years ago.
Is it in your interests then to ensure that your old employer confirms this final commission payment?
Customer: replied 3 years ago.


So they wouldn't confirm any payments after the p45 unless i ask them to?

Expert:  JGM replied 3 years ago.
Sorry, I have an email giving a poor service rating on this question although we are still in discussion. Can you clarify? If you are not happy I will opt out in favour of another expert but I thought we were dealing with your question.
JGM, Solicitor
Category: Employment Law
Satisfied Customers: 10105
Experience: 30 years experience as a solicitor.
JGM and other Employment Law Specialists are ready to help you
Customer: replied 3 years ago.

You had not replied for over 20 minutes so i thought hat was pretty poor but as you have now replied i've ammended my rating. Can you answer my last final question and i'll be sure to leave positive feedback.

Expert:  JGM replied 3 years ago.
Thanks. Remember that most experts will in fact be signing off about this time and secondly that 20 minutes is not a delay when we are dealing with a high volume of questions which is in fact the case tonight.

Anyway the answer to your question is that your P45 is the official record of what your employer says you earned. If you earned more than this then the P45 is wrong and ought to be amended. You seem to be in a situation that it is your interests to prove to the new employer that you earned more than the amount on your P45 hence my last question to you, ie, is it on your interests that the previous employer confirms the additional commission. From what you say it is.

Let me know if I can help you further.

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