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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48189
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi Ben, following on from my previous question I have received

Resolved Question:

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?
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. I am not sure I can answer the question about the payments being made after the issue of the P45/P60 as that is really a tax query but can discuss the other issues if you want me to?

Ben Jones :

Hi, let me know if you want me to proceed based on the above or if you would prefer to close this question, thanks

Customer: Yes pls answer other questions.
Customer: yes pls
Ben Jones :

the time limit is 3 months but only for the employment tribunal so if you miss that decline you still have 6 years to make a claim in the county court so you will not just run out of time so quickly.

If you were ready and available to work your notice period but the employer decided to let you go early then you should be paid for this period, it is called being paid in lieu of notice. That is something you can clai again, either in the tribunal or the county court, the time limits are the same

Ben Jones :

but the 3 month time limit starts to run from the time the payment became due, which would usually be the payment date when it was due to be paid

Ben Jones :

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? Thanks

Customer:

His letter sent to me says 'The remaining sites which will be completed in April/May 2014 will become due then. The monies owed will then be sent to you as a gross figure'.

Customer:

Does this mean that I have 3 months from April/May to claim through an employment tribunal?

Ben Jones :

Well which months specifically would you like to claim for at this stage - the remaining sites that would become due in April/May? If so, then the time limit would start to run from the date they were due for payment, assuming payment was not completed then, so it would be from the due date in April/May, or it could be various dates depending on when each site became due for payment

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