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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47848
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Jones Ben, Following your recent advice, I had

Resolved Question:

For Ben Jones
HI Ben,
Following your recent advice, I had given my employers (now ex employers) 7 working days to pay the balance of commission that was unduly deducted.
They have returned that they will pay the commission outstanding at the end of the next quarter, being the end of October.
I have lodged a reconciliation with ACAS which the expiry date of which has been extended from the 11th September to the 25th September when they will issue a certificate saying everything has been reconciled.
I don't believe things will be reconciled and have been advised by ACAS that I will have between 5 & 6 weeks to go to a tribunal after they issue their certificate. The problem is that the 30th October, which is when they will pay me (hopefully) falls virtually on the last day of the time frame allowed to take the matter further. I have no idea what my commission is going to be, the company wont give me a schedule as I no longer work for them. They didn't give me a schedule after I asked for one while I was still working for them. They could essentially engineer the commission in their favour and I have no proof that what they pay me is actually what I am owed.
I guess what I would like to find out is whether I am entitled to see a breakdown of my commission statement and try and find out if there is a way of extending the time frame to be able to lodge a case with a tribunal.
Thanks once again for your help.
Cheers
Stuart
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello Stuart, whilst you may just be on the deadline for making a claim when you are due to receive the commission, this is not the only way to make a claim. If you miss the tribunal deadline you can still make a claim through the county court where the time limit is 6 years. So it is not really an issue if you find that the tribunal deadline has been missed. As to getting the commission schedule and details of payment, I can’t remember if I mentioned this before but you could make a subject access request to get any personal information they hold about you. This could also include details of the commission payments and how they have been calculated. Section 7 of the Data Protection Act 1998 entitles an individual to request from a data controller a copy of any information which amounts to personal data about them. The process is known as a Subject Access Request (SAR). If you wish to make a SAR, you need to write to the organisation that holds the data in question. Your letter should include the following information:· Make it clear that you are making a 'subject access request in accordance with the Data Protection Act 1998';· Provide details of the data you are requesting copies of;· Your main personal details - full name, date of birth and address;· Any information you believe the organisation will require to find your information. The organisation may ask for a fee to fulfil your request, which should not be more than £10. Once you have provided all the relevant information and fee, the organisation must send you a formal response within 40 days. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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