How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 69184
Experience:  Qualified Solicitor
29905560
Type Your Law Question Here...
Ben Jones is online now

I took voluntary redundancy from my last employer and made

This answer was rated:

I took voluntary redundancy from my last employer and made an agreement about outstanding commission. To which now they are not giving me. The reasons are not that it's discretionary, but a lot of other reasons, which try to blame me, but it's not my fault.
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: With the manager, and HR
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: None of the above
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Not that I can think of

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

What was the commission based on? and when did you leave?

Customer: replied 2 months ago.
My last working day was 5th November. Commission was based on a placement which was taking place after I'd left, but was wholly dealt by myself

Thank you. Leave it with me for now, although please note it is extremely busy at present due to the ongoing situation so there may be a delay in replying, but I will get back to you at some point today. Please do not reply in the meantime. Many thanks

Many thanks for your patience. At this stage, the only way to pursue them for what you are owed is to make a claim for breach of contract in the Small Claims Court.

If a party wishes to pursue another for a debt arising out of a dispute between them, they can do so by making a claim in the civil courts. As legal action should ideally be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without having to involve lawyers or the courts. These can be summarised below and it is recommended the following procedure is followed to try and progress this matter further:

1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time, usually 7 to 14 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 pursue them for the debt in question. 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 www.moneyclaim.gov.uk. Once the claim form is completed a copy will be sent to the other side and they will have a limited time to defend it. Once they are aware that legal proceedings have commenced it may also force them to reconsider their position and perhaps prompt them to contact you to try and resolve this.

As a final tip, it is always advisable to keep copies of any correspondence sent and received as the courts would like to refer to it if it ever gets that far.

Does this answer your query?

Customer: replied 2 months ago.
that does - Thank you.

All the best

Ben Jones and 4 other Law Specialists are ready to help you
Customer: replied 2 months ago.
Sorry Ben, I wanted to ask another question(s) in relation to this. They have been replying to my queries via email, however the reasons they are giving for not paying me the commission are ludicrous and have very little to do with me - they are actually trying to blame me for what has happened since I left. What can I do in this instance?

All you can realistically do is maintain your position and point out any incorrect statements and reasons they are using, correcting them if possible