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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50166
Experience:  Qualified Employment Solicitor
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I am on a paid self employed basis commission only but I am

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I am on a paid self employed basis commission only but I am been treated like I am employed by them. Do I have any legal rights or is this a matter for HMRC ?
Hello what legal rights are you after specifically?
Customer: replied 1 year ago.
compensation loss of earnings
Why have you suffered loss of earnings?
Customer: replied 1 year ago.
they have stopped paying bonus payments on targets achieved without any explaination
Do you have a contract which entitles you to such payments?
Customer: replied 1 year ago.
the contract states they reserve the right to change or withdraw additional incentives without prejudice in the event you are
in arrears in relation to any payment to be paid by them.
ok but does it actually entitle you to receive bonus payments?
Customer: replied 1 year ago.
Its not written into the contract but we are not in arrears.
Ok the issue here is whether you are contractually entitled to the bonus payments or nit. Whether you are an employee or self employed it would make no difference – this is a contractual matter, based on contract. Your contract may state that they can withhold payments if you are in arrears but my initial point was still whether you are entitled to receive a bonus under contract in the first place. From what I understand, the bonus entitlement is not written into contract so there may be an issue as to whether you are able to pursue this matter in the first place. The employer could try and argue that this is not a contractual entitlement so you cannot claim that you are guaranteed the bonus even if you meet the performance criteria. So it all depends on what you were promised and ideally what you had incorporated into the contract. This is your basic legal position. I have more detailed advice for you in terms of the options you have to pursue the bonus if you believe you are contractually entitled to it, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones and other Employment Law Specialists are ready to help you
Thank you. Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps: 1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due. 2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action. 3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this. Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.