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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46794
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I handed in my notice 2 weeks ago today, today being last day

Customer Question

I handed in my notice 2 weeks ago today, today being last day of my notice. I was a sales manager. On my resignation letter I noted monies owed: holidays, expenses & commissions. I asked for it all to be paid by end of notice period (today), but I have checked my bank account and there has been no payment made. My expenses have been though, I received a cheque for these this week (normally paid by cheque). My concern is that on my employment contract there was nothing in it regards XXXXX XXXXX I do have an email from my old employer, sent before I started work with them and before I received my contract, which does advise on commission rates to be paid. These commission rates were renegotiated approx a year into my employment, but with nothing in writing, except a handwritten piece of paper from my old boss which stated a particular payment at the new rate. How do I stand legally in trying to recover these outstanding monies?
At my termination meeting when I handed my boss my resignation letter I asked if he would pay these and he said he would. If he finds out I am going to a competitor then I know he will make things dificult for me, even though there was no restrictive covenant in my contract.
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. When would your next pay date have been?

Customer: Next Thursday
Customer:

Hi Ben,

Customer:

Thursday 27th March next payroll.

Ben Jones :

Whilst you may have nominated a date on which you wanted the money paid, the employer does not have to do this and they can just pay you on your next scheduled pay date, that being next Thursday.


 


If it appears that the employer is not going to pay you any money owed then you can treat this as an unlawful deduction from wages (this will only cover commission and holidays, plus normal pay, it will exclude expenses). Even if you did not have anything specific in writing, you could still argue that the commission entitlement was a contractual one because it was agreed with the employer and has been consistently paid since then.


 


If you find that the employer refuses to pay you what you are due then in order to try and resolve this, the employer should be contacted in writing, advised that this is being treated as unlawful deduction of wages and ask them to pay back the money within 7 days. Advise them that if they fail to pay the money that is owed, legal proceedings could follow.


 


If the employer does not return the money as requested, the following options are available:



  1. Employment Tribunal - the time limit to claim is only 3 months from the date the deductions were made. To make the claim, form ET1 needs to be completed and submitted - you can find it here: https://www.employmenttribunals.service.gov.uk/employment-tribunals

  2. County Court – this is an alternative way to claim and the advantage is that the time limit is a much longer 6 years and is usually used if you are out of time to claim in the Tribunal. The claim can be made online by going to: www.moneyclaim.gov.uk.


 


Hopefully by warning the employer you are aware of your rights and are not going to hesitate taking further action they will be prompted to reconsider their position and work towards resolving this.


 

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46794
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi Ben, following on from my previous question I have received part payment on commissions owed. Ex employer adds that he will pay balance of commissions when he has completed the work and received payment from his clients. He has issued me both a P45 & P60. He also advised that the balance of commission payments will be paid as a gross figure circa May/June.


My questions are:


How can he make a further payment to me when he has already issued a P45 & P60. Does this 'gross figure' he mentions have anything to do with this?


Is there a time limit on this, ie if he doesn't pay me everything by June, is the 3 month time limit elapsed for taking my case to the employment tribunal.


At my resignation meeting he asked me if I wanted to go right away, I said yes if that was ok, and he said there was no point in me being there, and for to go now. I did put in my resignation letter that I was prepared to work my 2 weeks. He never paid me for my 2 weeks notice. Can I seek recompense for that?

Expert:  Ben Jones replied 3 years ago.
Hi, already dealing with this separately on your other query you posted

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