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taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6428
Experience:  15 years experience of advising on employment law matters
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I resigned from my job 2 weeks ago and was immediately put

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I resigned from my job 2 weeks ago and was immediately put on gardening leave; I was subsequently due to be paid my monthly salary including commission on 29 August 2014, which has not happened. I know that an existing employees of the company has been paid their salary & commission. Although I was an employee of the company for nearly three years and have never had a failed salary (incl commission) payment, I have never had a formal contract of employment just an initial email stating my salary and commission structure. I have left this particular company to go and work for a newly formed rival business - as an employee.
I hope this is enough information for you to be able to explain my rights to me and how I should approach my former employer.
taratill :

Hello my name is ***** ***** I am happy to help you today. The fact there is no written contract in place actually assists you in this situation.

taratill :

This is because an employer is not entitled to deduct from wages (including commissions) unless there is an express contractual right to do so.

taratill :

Or unless you agree.

taratill :

You should therefore ask for the money to be paid and say if it is not you will bring a claim for unlawful deduction from wages.

taratill :

If you have any further questions please to ask.


Many thanks for the promptness of your response! I have signed up for a free trial and if I do have further questions I will certainly ask.

taratill and other Employment Law Specialists are ready to help you
Customer: replied 3 years ago.

Following on from my original question, my commission consists of current and advance bookings (recruitment within the veterinary industry, so some locum positions, some permanent); as I do not have a contract of employment or a formal commission structure, how long can I keep claiming commission for? For example I have bookings that will either be on-going until some point next year and some that are for work in December - all bookings that I have arranged and worked on at some point prior to my leaving the company.

Many thanks,

Hi would it be possible for you to ask this in a new question and ask for me by name? As whilst it follows on in a sense from your first question it is a different issue.