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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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Jones Ben, You gave me some advice a couple

Resolved Question:

For Ben Jones
Hi Ben,
You gave me some advice a couple of weeks ago regarding Gardening Leave.
I am currently on gardening leave with the company I have resigned from, working out my notice period of 3 months.
I resigned on the 13th May and my notice period finishes on the 13th August.
I am on a basic + commission (paid quarterly in arrears) salary.
I have told the company on numerous occasions that I will work my notice period, but they don't want me in the office as it's a conflict of interests as I am going to be working for an opposition company.
I received a letter from my company confirming that I have been put on gardening leave and can't work for anyone else etc. and they have said they will only pay me my commission up to the date of my resignation, being 13th May.
Surely I am entitled to any commission generated from any of my clients for the full duration of my notice period, regardless of whether I am on gardening leave or not?
I just worry that they are going to 'screw' me out of money that is owed to me.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How is the commission calculated, what are the requirements for you to become entitled to it?
Customer: replied 1 year ago.

Hi Ben,

Commission is calculated as a percentage of profit - 15% of total profit per invoice. This is calculated and paid quarterly, in arrears. The commission is paid from the first penny of profit, no requirements to fulfill prior to being paid commission (other than ensure there is profit on an invoice). There is no cap on the amount of commission that can be earned.

Theoretically, I should get a quarterly commission paid at the end of July (for April, May, June) and then a further commission paid for the 13 days in August with my final payment.

Cheers

Expert:  Ben Jones replied 1 year ago.
Thank you for your response, which I will now review. I will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Customer: replied 1 year ago.

Hi Ben,

Have you had a chance to look at this?

Cheers,

Stuart

Expert:  Ben Jones replied 1 year ago.
Thank you for your response, which I will now review. I will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
Hi Stuart, sorry for the delay in responding I was called urgently to assist with a tribunal and have not had a spare minute for the last few days.
The employer cannot stop you from earning this commission just because you are on gardening leave or have resigned, especially as you continue to be employed by them during that period. So if you would have earned that money had you been working as normal for that period then you should still earn it if you are on gardening leave.
Saying that it is possible to potentially stop such payments if it is explicitly stated in the contract. For example, there could be a clause entitling you to certain bonuses, commission payments etc but remove that entitlement if you resign or are placed on garden leave. However, there must be a very clear and reasonably drafted clause in that respect, the employer cannot just say that is what would happen and apply it if there is no specific clause in the contract allowing that.
So if no such contractual right exists the employer cannot just stop paying you for these commissions simply because you have resigned or gone on garden leave – you continue being their employee during that period and your normal rights and entitlements would remain.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
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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