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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49428
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am just seeking legal advice on my current employment. I

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Hi, I am just seeking legal advice on my current employment. I was given this website by a solicitor.
Assistant: Where are you located? It matters because laws vary by location.
Customer: London
Assistant: Has anything been filed or reported?
Customer: No I haven't told them my plans yet.
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: Do you want me to give you a brief explanation of my case?
Customer: replied 1 month ago.
Hi,I am writing as my employers, the owners of the company are planning to make changes in my contract and due to this I would prefer to be made redundant. It has been clear from my meeting with them 11/1/18 that they are trying to make me resign and no longer want me in the company. Having said that, in my contract dated May 2013 says that they will pay me 10% for every corporate order I brought o the company and if it's continuous/repetitive customer 5% then onwards. Since that date, I have not seen any of that money. I have kept records of all the corporate customers I have worked with. I want to send them an email to remind them about that but I would like to seek legal advice before I plan my next move.I am willing to settle or reach an agreement as long as I get a good redundancy package.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

So did you not raise this with your employer during the course of your employment? Can I also just check that you have worked for this employer since May 2013?

Customer: replied 1 month ago.
I haven't raised this with my employer yet. I have had this in my contract from May 2013 but have been working with them since September 2012.

OK, thank you for your response. Leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, 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.

Thanks for your patience. Initially you can argue that they have acted in breach of contract by not paying you what you were due contractually. However, my main concern is that it was 5 years ago you should have started receiving these payments and nothing has happened since. They could argue that legally you have affirmed their breach, meaning you have practically accepted it and the terms of the contract have now changed over time and no longer reflect what was agreed 5 years ago. Your position would have been much stronger had you challenged them as son as it was clear they were breaching the contract and taken action soon thereafter. Having waited so long with doing nothing about it means that your rights may have significantly weakened in relation to challenging them over these payments.

Still you could use the newly proposed changes to consider resigning if necessary. That is because pushing changes through without your consent or the contractual right to be able to do so, can amount to a breach of contract too.

It is worth mentioning that there is a possible alternative solution, where the employer is approached on a 'without prejudice' basis (i.e. off the record) to try and discuss the possibility of leaving under a settlement agreement. Under such an agreement, the employee gets compensated for leaving the company with no fuss and in return promises not to make any claims against the employer in the future. It is essentially a clean break, where both parties move on without the need for going to tribunal. However, it is an entirely voluntary process and the employer does not have to participate in such negotiations or agree to anything. It just means that these discussions cannot be brought up in any subsequent tribunal claim and prejudice either party. So there is nothing to lose by raising this possibility with them as the worst outcome is they say no, whereas if successful it can mean being allowed to leave in accordance with any pre-agreed terms, such as with compensation and an agreed reference.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the constructive dismissal option and how to pursue it if necessary. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 1 month ago.
I would like to stop working at this company and I know my case has weakened but will I still get a chance to get my commissions? Also otherwise I would like to go for a redundancy option if possible? I would like to leave quite soon.Eva

I cannot say if you will be successful in getting these commissions, especially as you have left it so long. The least you can do is consider pursuing them for it if they refuse to pay you.

In terms of redundancy, that will only become a possibility if your current role is being removed. They may be changing the terms but the role has to disappear more or less for you to be able to argue redundancy.