UK Employment Law

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I have a new job and will be handing my notice in at my

Customer Question
I have a new...

I have a new job and will be handing my notice in at my current company on Friday i work in sales I have closed a number of large deals recently which will be owed to me in my December pay (as they missed the cut off for November) can my employees legally not pay my commission?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

London UK

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full Time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Thats everything

Submitted: 7 months ago.Category: UK Employment Law
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Answered in 2 minutes by:
11/22/2017
Solicitor: Ben Jones, UK Lawyer replied 7 months ago
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 50,908
Experience: Qualified Employment Solicitor
Verified

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

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Solicitor: Ben Jones, UK Lawyer replied 7 months ago

Does the contract say anything about how commission is paid or what happens if you leave?

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Customer reply replied 7 months ago
hold on i'll find it now...
Customer reply replied 7 months ago
Monomax Ltd Quadrant House 250 Kennington L
ane London SE11 5RD
Tel: +44 (0)20 7582 0222 Fax: +44 (0)20 7582 54
44 Email:***@******.*** Website:
www.squaremeal.co.uk
Registered in England No.(###) ###-#### Registered of
fice as above VAT No.(###) ###-####94
2
7.3
Your salary will be reviewed every 12 months.
7.4
Commission and bonus payments entitlements which ar
e based on individual and
company performance and are determined at the discr
etion of the board, and
notified to you.
7.5
You will be notified in writing of any change to yo
ur salary. The Company
reserves the right at any time to change the terms
of the bonus or Commission or
to discharge it altogether.
Customer reply replied 7 months ago
thats all...
Customer reply replied 7 months ago
i need to leave the office, can you respond to my email please?
Solicitor: Ben Jones, UK Lawyer replied 7 months ago

No problem at all and thank you for your response. Leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

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Solicitor: Ben Jones, UK Lawyer replied 7 months ago

Many thanks for your patience. Commission can, in many ways, be treated in a similar way to bonuses. Workplace bonuses can, in their nature, overlap in the way they become payable, which can create some difficulties. For example, they could be contractual with discretionary eligibility, contractual with guaranteed eligibility, discretionary with discretionary eligibility or discretionary with guaranteed eligibility. So in some ways it can a bit of a grey area but I will try and explain it as best as I can.

I will only focus on non-contractual bonuses. These are where there is no automatic right to a bonus, but where payments may be made entirely at the employer's discretion and on their own terms. The key aim is to avoid placing the employer under any obligation to implement a bonus scheme or make any bonus payments. A scheme where the employer has total discretion on whether to pay a bonus or not could be difficult to challenge. However, less stringent schemes where the employer may only have partial discretion or still form an opinion on eligibility or base it on performance could potentially be challenged under fairness arguments.

It follows that even though a bonus clause may be described as being at the employer's discretion, there are circumstances, mainly in performance-based eligibility, where this discretion is removed and the bonus would automatically become payable if the eligibility criteria have been met.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the options you have on taking this further in the event they refuse to pay. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

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Solicitor: Ben Jones, UK Lawyer replied 7 months ago

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a quick second to leave a positive rating by selecting 3, 4 or 5 stars above. The question will not close and I can continue with my advice as discussed. Thank you

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Solicitor: Ben Jones, UK Lawyer replied 7 months ago
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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