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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50147
Experience:  Qualified Employment Solicitor
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My son is owed commission on sales he has made on behalf of

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My son is owed commission on sales he has made on behalf of his employer. He has just resigned and has to work to the end of this month. If his employer does not pay this commission where does he stand legally?

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

How long has he worked there and how long has the commission been owed?

Customer: replied 1 year ago.
Approx 2 years and at least 2 months

OK, thank you for your response. I will review the relevant information and laws and will get back to you in a short while. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your questions to the back of the queue and you may experience unnecessary delays. Thank you.

Customer: replied 1 year ago.
Thank you

Many thanks for your patience and sorry I could not get back to you earlier, my main work just took over at the last minute.

If the employer refuses to pay him as due, then this potentially amounts to an unlawful deduction from wages, which is made illegal under the Employment Rights Act 1996.

Under law, an employer can only make deductions from, or withhold an employee’s wages in the following circumstances:

{C}· If it is legally allowed (e.g. to deduct tax);

{C}· If it is to recover an earlier overpayment of wages made by the employer;

{C}· If their contract specifically allows for the deductions to be made; or

{C}· If the employee has given their explicit written agreement for the deductions to be made.

If none of the above exemptions apply, the deductions will most likely be unlawful. In order to try and resolve this, the employer should be contacted in writing, advised that this is being treated as unlawful deduction of wages and ask them to pay back the money within 7 days. Advise them that if they fail to pay the money that is owed, legal proceedings could follow. He would then have the chance to take the matter down the legal route to pursue this further.

This is your basic legal position. I have more detailed advice for you in terms of the options he has for taking legal action if necessary, 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 is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

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Customer: replied 1 year ago.
Thank you for the advice. My son is starting work for a Canadian Company in early August and will be moving to Canada for a limited period prior to opening an Office for them in London. If his commission is not paid what legal action should he take and is it possible for me to act on his behalf whilst he is abroad?

Thank you. There are two options. One is to go through the employment tribunal but the time limit is only 3 months. The other is to go through the small claims court where the time limit is 6 years. Neither is better than the other so he can go through either option. If he is out of the country for a period of time but less than 6 years then he can just wait until he comes back. Alternatively you can get power of attorney and this legally transfers the right for you to look after his affairs.