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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I work of a £100million turnover company as a commission only

Resolved Question:

I work of a £100million turnover company as a commission only sales person. I am paid a commission on my sales of x% when the money is received in HO.
The company I represent accepts an order, but sometimes cannot deliver on time, for one reason or another. These reasons which are totally beyond my control.
The customer seeks recompense for poor service by way of a discount.
I lose the commission on the value of this discount, yet I have upheld my side of our agreement which is to obtain sales.
This does not seem right to me, but it might be right in law.
Can you help?
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today. How long have you worked for this company for?
Customer: replied 2 years ago.

14 years

Expert:  Jenny replied 2 years ago.
Is this the first time this has happened to you?
Customer: replied 2 years ago.

A new policy introduced at the end of last year, but I am now seeing regular claw backs of £5 to £15 a week for Poor Service that is not my fault.

If you think it is not worth making a fuss about I'll let it go, but surely this sort of thing cannot be right.

Expert:  Jenny replied 2 years ago.
How was this introduced were you given notice of a change of terms and conditions?
Customer: replied 2 years ago.

I like your questions.

My contract gives no mention of claw-backs, only of the full support I will get to achieve my ambition.

It was introduced arbitrarily. I have not received notification of any changes to my contract dated 1st November 2001.

Expert:  Jenny replied 2 years ago.
Ok in that case they are in breach of contract for doing this and you can raise a grievance and say that if they do not pay you you will have no alternative but to raise a claim for breach of contract and unlawful deduction from wages.
Hopefully raising a grievance will resolve matters adequately if it does not you will have to raise ACAS early claim conciliation prior to raising a claim. You will find details at www.acas.org.uk.
It is possible that after doing this the employer will give proper notice of a change in terms and conditions.
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 that you and all the best.
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