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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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If I left a job where I was paid commission in arears

Resolved Question:

Hi,
If I left a job where I was paid commission in arears and normal conduct (as I was a manager) was to pay any owed commission 3 months after leaving in case of any queries. I also have an email below stating "To confirm with regards ***** ***** commission, we pay commission on the third full month after you left, therefore you would receive this at the end of July. If there are disputes on accounts, the payment will be held until these are addressed"
I have queried no payment today and they have now said that they are not paying me as it states in my conract that they dont have to
Can i take this further?
Submitted: 1 year ago.
Category: Employment Law
Expert:  taratill replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today.
What does your contract say about commission payments if you leave?
Customer: replied 1 year ago.

Hello

I meant to mention that the email stating I would be paid was from a HR Manager.

Contact element they refer to is

Contract

Expert:  taratill replied 1 year ago.
Hi clearly there is a difference between the contract (which is quite clear on the point) and what you were told by a HR manager.
You have nothing to lose by raising early claim conciliation with ACAS on the basis that you were entitled to rely on the email of the HR manager to override what is stated in your contract.
You will find details of early claim conciliation at www.acas.org.uk
I hope that in doing this the employer will agree to pay you.
If not you could raise a claim in the employment tribunal. Ultimately it will be a matter for the tribunal to decide whether the manager's email amounts to a variation of the original contract. If she is a person with authority to do so it is likely that your claim would be successful.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Customer: replied 1 year ago.

Thank you very much! That was quick and clear!!

Expert:  taratill replied 1 year ago.
NO problem, please do remember to rate my answer and good luck with this.
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