Ask a Law Question, Get an Answer ASAP!
Hello, I’m Ben, a UK lawyer and will be dealing with your case today. Firstly, I need to ask some initial questions to determine the legal position.
Why do they make this deduction and how long have you worked there for?
No problem. Please provide the information requested
Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.
Many thanks for your patience. Can I just check if you have the commission policy to hand so I can check what it says about this?
Thank you. I have read the clause a few times but it still does not make full sense to me. There are some discrepancies in there, like the table says you get 1.5% commission regardless and they only deduct the full 1.5% if invoices are overdue.
All they say in the event you sell below the plan is that you get deducted 0.5% commission but there is nothing that says you get no commission at all. After all, the table would still say that you should get commission.
The only thing that they could rely on is the clause that says you get 1.5% commission if the turnover is equal to or more than the plan.
So it is a badly written contact that’s for sure. What they should have done is said that the reference to commission in the table is dependent on the following clauses, rather than guaranteed. Then they could have relied on the part which says you only get commission if the sales are equal to or better than the plan.
The only way for you to challenge the is to make a claim for the unpaid commission and argue that the wording is too uncertain to allow them to rely on it to that extent. In the end it would be down to the tribunal or court to decide whether that is indeed the case.
Does this answer your query?
The potential issue with unions is that they may not help with an issue which was already ongoing at the time you joined them, or they may delay help with it for some time. Otherwise everyone would only join unions when they need help. So overall, probably not worth it for this specific issue
what claim specifically?
you have 6 years to make it if you go to the County Court