As far as I know there isn't anything in the contract regarding gardening leave. There certainly nothing about the payment of commission whilst on gardening leave. I will have to check the document and let you know. Can I let you know during the course of tomorrow?
Please see the conditions regarding termination in my contract below:
10a) The minimum notice of termination of your employment you are entitled to recieve is three months. The company reserves th right to pay salary in lieu of this notice period
10)b The amount of notice you are required to give the company of termination of your employment is three months.
That's it! no mention of gardening leave at all.
All I got from them was a letter stating you are on gardening leave, you can't contact clients, do other work, come into the office etc. And we will only pay your commission upto the date of resignation (13 May)
There has also been a sales rep in the past who have received their commission upto their termination date, which makes me think they are trying to single me out due to the fact I am leaving to go and work with the opposition.
If you need anything else, please let me know.
Thanks for the information. I have sent an email off to my director and await his response! If this matter does go to tribunal I would obviously need legal representation. Can you recommend how to go about getting representation, or should I just find someone in the area to represent me?
Thanks for all your help in this matter (other questions answered too!)