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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: UK Employment Law
Satisfied Customers: 3503
Experience:  solicitor
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HiI have 3 questions I would appreciate assistance with

Resolved Question:

Hi

I have 3 questions I would appreciate assistance with regarding commission payment.

1. Regarding past unpaid commission. My sales manager has been allocating sales revenue to other salespeople that should rightfully be mine. Some have required no effort and closed by others (matrix organisation) so another team member received revenue from a sale in my territory not theirs. Other exmples are where a lead in my defined territory was given to a salesperson in another territory and they managed to close the sale (I believe I would have also closed the sale if I was given the opportunity and have a successful track record to prove it). I have only discovered this recently as it was done without my knowledge. My sales manager continues to avoid the question. Do I have a legal right to recover this commission? Approx value is £100k

2. I am about to resign from my job and have been incorrectly paid commission in the last pay run. I am also owed expenses. My current tactic is to put pressure on my finance team and sales manager to admit to these mistakes in email prior to resigning. Would this be strong enough to ensure I am paid these figures? Approx £14k commission and £2k expenses.

3. As stated I am about to resign. I currently have a large sale where my company is unlikely to win without my help (I have been working on it for 12 months with little assistance). Preferred vendor status would be agreed prior to the end of my notice period but its unlikely the order will be processed. The sale is worth approx £80k in commission if successful and should I stay. Is there a resignation strategy I could use where I do my best to close the sale in return for commission to be paid even if the order is processed after i leave. The company pays commission in the 3rd month of the following quarter (calendar year). If I can agree such a situation how do I ensure the agreement is legally enforceable.
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Fran-mod replied 1 year ago.
Hi, I'm a moderator for this topic. I've been working hard to find a professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 1 year ago.

Hi Fran,


 


I need to seek advice pretty quickly as its my intention to accept the new job this week. Another 36hrs is ok though. I may just need to call a lawyer on this as the finacial impact is really significant.


 


Many thanks,


 


Simon

Expert:  wendy-Mod replied 1 year ago.
Thank you for your patience, Simon. We will continue the search for a professional for you.

Regards,
Wendy
Expert:  Fran-mod replied 1 year ago.
Thank you for your patience, your business is very important to us, we are waiting for the right professional to come online. Feel free to let us know if you would like us to continue searching for a professional or if you would like us to close your question. Thank you for your understanding!
Expert:  UKSolicitorJA replied 1 year ago.
Hello Simon,

I have just seen your question.

In response to your queries:

1) you only have a legal right to the commission of approx £100K if there is an agreement with your employer saying you should have been entitled to it, the agreement may be written or oral or it may be deemed to exist through custom and practice. If there is such an agreement, you should send a final demand letter to your employer asking for the commission to be paid to you (perhaps escaling the matter above your sales manager);

2) yes, an admission from your colleagues would make your case stronger especially if you have been paid in the past based on the information of your colleagues;

3) if you have an agreement with your employer that you will be paid the money even if you are no longer employed with them provided you close the sale, you may enforce it in the courts even after you have left the company. An email exchange with your supervisor should do the trick.

If you need further help, I suggest you go see a solicitor face to face given the large sums involved.

Hope this helps. Please leave feedback

Customer: replied 1 year ago.
Many thanks,

With regard to your answer to situation 1 what would form an agreement?

What I have is a description of the territory and there's a history of sales people being paid based on the agreed territory. Sometimes territory definition can be obtuse and as such behaviour and verbal agreements might need to be called on.

Thanks,

Simon
Expert:  UKSolicitorJA replied 1 year ago.
Simon,

An agreement may be inferred from past custom & practice and may be verbal , if as you say in the past people have been paid on agreed territory and verbal agreements were made, these would be binding on the employer.

Obviously you would need to prove that such verbal agreements were made.

Hope this helps
UKSolicitorJA, Solicitor
Satisfied Customers: 3503
Experience: solicitor
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