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?
Thursday 27th March next payroll.
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:
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.
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?
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?