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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience:  15 years experience of advising on employment law matters
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Do companies have to pay commission payments when a sales person

Customer Question

Do companies have to pay commission payments when a sales person leaves their employ.

I am considering giving notice to my present employer a sales company. I have been employed by them since 24 October 2012. I am working 9 hours a day with one hour for lunch.
My basic is less than NMW and is made up with commission. I have never taken home more than £1100 a month.

Cuctomers have an option to pay in one payment, or to pay a deposit and the balance over the following few months. Commission is paid on these payments.

If I leave, must the company pay the commission accrued so far? Does the same go for the future commission for the part mayments?

Thank you
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.
Hello and welcome to Just Answer, do you have a contract which deals with what happens to commission payments on termination?
Customer: replied 3 years ago.


No it doesn't - I may not have asked if it did. Although I realise that contracts can not say just anything.

Expert:  taratill replied 3 years ago.
do you know what they have done with leavers in the past.
Customer: replied 3 years ago.


Sorry, no It's not something I can ask discreetly.

Expert:  taratill replied 3 years ago.
Hello in absence of either a contract stating that commission is not payable to leavers or clear custom and practice you have the right to assume that you are contractually entitled to commissions on sales that occur after you leave employment.

If your employer refuses to pay the commissions then you can bring a claim in the employment tribunal for unlawful deduction from wages (as you wage is based part commission) and breach of contract.

Hopefully there will be no issue over this but if there is you should write to your employer to ask for the money and say if it is not paid you will claim.

You can claim using the form you will find at www.employmenttribunal.gov.uk

If you have any questions please ask. If i have answered your question I would be grateful if you would give my answer a positive rating.

Thank you and all the best.

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