I'm wondering if you can help...... I have recently given my notice and my current employer is enforcing my full 6 month notice period. My notice was increased from 3 - 6 months mid-way through my employment to my reluctance, however no official contract was ever signed, only an e-mail agreeing to the terms on the basis that they would continue to develop my role/skill set. Is an e-mail on its own enforceable? I am planning on working the full 6 months as I don't want to depart on bad terms, however the employers reaction has not been pleasant (banging doors and to quote "your line manager will probably want to punch you in the face" in front of HR rep) so I'd like to know my options just in case. On a separate note I am also concerned that they will withhold any commission that is due to be paid despite the fact that we are performing well above budget due to my performance. Can they do this? Finally in terms of my departure date I originally handed my notice in on 29th July, my company then countered and I verbally agreed to stay however the terms and conditions of that agreement changed (i.e. the start date of the counter offer was delayed by 4 months) and I did not sign the new contract issued, I then handed my notice in again on 18th August due to this and a competing counter offer from the new company. My employer is saying that the notice period will now start from 18th August but I personally feel as nothing was signed or put in writing that the 29th July still stands. Any help would be gratefully appreciated. Thank you for your time.
I have been employed with the company for just over six years. Thank you for your help.
Thank you for your advice, this is helpful.
Do you have any comments regarding the following question:
"On a separate note I am also concerned that they will withhold any commission that is due to be paid despite the fact that we are performing well above budget due to my performance. Can they do this?"
Having a look in the recent contract they issued (that I didn't sign) it does state:
"During any such period the Company will continue to pay your salary and provide all other contractual benefits to which you are entitled, provided that the Company may instead provide you with the monetary equivalent of all or any such benefits at its sole discretion"
Commission is quarterly and is based on sales vs. budget on which I am over achieving. This would usually entitle me to £3k of commission in October representing sales between June - September and another £3k of commission in January representing sales between October - December.
So a few questions:
- Can they get away with withholding commission?
- Can I use this as an excuse to exit early if so?
- Worst case scenario am I entitled to a percentage of commission based on the fact that I handed in my notice in August? If notice period is an excuse to withhold then surely I should be entitled to a percentage of commission representing June/July when I wasn't on notice?
Thank you Ben.
The bonus is based on performance criteria, which I am able to prove that I have met through financial reports/sales ledgers which I share on a weekly basis with the leadership team.
So to clarify, if they refuse to honour my commission/bonus structure, this could be used to resign with immediate effect and claim constructive dismissal? Would this make my notice period unenforceable on their part should it go to court?
This is my last question.... and I do appreciate your help! I'm hoping it doesn't come to this but it's always good to be armed with all the facts.
Sorry one last thing, your answers keep creating questions....
Can I just clarify that I can claim constructive dismissal personally, I don't need to do this via a solicitor unless I'm looking to make a claim?