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Commission Owed and PILON Query

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  • Commission Owed and PILON Query

    Hi,

    I'd appreciate if anyone can shed light on this matter and if they know the relevent employment legislation that would be great.

    Can an employer exercise a payment in lieu of notice if it is not in the contract and not with the employees express agreement?

    Can an employer withhold commission owed?

    My friend worked in sales and the contract was terminated,(under dubious circumstances) she had alot of commission pending, although the amount was agreed in writing with the client, the commission takes about 3 month to come through the system as it depends on when the client's employer implements the increase through the payroll.

    The payments are made quarterly and normally the commision is paid in 4 amounts in some cases she would have already had the first payment on her payslip in other cases the payments were pending.

    She didnt receive any holiday pay either, as the company exercised a PILON would this affect holiday pay owed?

    The company have since offered her an amount for holiday pay and commission they say she may or may not be owed and she thinks the amount is way too low and inaccurate.

    The amount the commission is based on is recorded in emails my friend sent to the clients, my friend does not have access to these emails and I doubt this company is going to be very helpful and give her access if it would prove they owe her more money.

    Would you have any idea how she can view the emails, does she have to go to court for disclosure or is there something similar she can rely on, she was hoping she could make an access request under the Data Protection Act but is getting conflicting advice.

    Can anyone advise on the way forward or how to handle the situation.

    Thanks
    Jayzee1444

  • #2
    Re: Commission Owed and PILON Query

    Originally posted by jayzee1444 View Post
    Hi,

    I'd appreciate if anyone can shed light on this matter and if they know the relevent employment legislation that would be great.

    Can an employer exercise a payment in lieu of notice if it is not in the contract and not with the employees express agreement? Yes I believe they can - if pay in lieu of notice is not the norm tho they should make the payment gross!

    Can an employer withhold commission owed?Not if the commission payments were part of the employment contract.

    My friend worked in sales and the contract was terminated,What reason was given? was it dismissal?(under dubious circumstances) she had alot of commission pending, although the amount was agreed in writing with the client, the commission takes about 3 month to come through the system as it depends on when the client's employer implements the increase through the payroll.

    The payments are made quarterly and normally the commision is paid in 4 amounts in some cases she would have already had the first payment on her payslip in other cases the payments were pending.Has the company categorically stated they wont be paying it? Have they issued the P45 yet?

    She didnt receive any holiday pay either, as the company exercised a PILON would this affect holiday pay owed?Pay in lieu of notice should/does not affect holiday pay owed!

    The company have since offered her an amount for holiday pay and commission they say she may or may not be owed and she thinks the amount is way too low and inaccurate.I would say your friend has them running scared then!!

    The amount the commission is based on is recorded in emails my friend sent to the clients, my friend does not have access to these emails and I doubt this company is going to be very helpful and give her access if it would prove they owe her more money.Does she have a ballpark figure - educated guesstimate??

    Would you have any idea how she can view the emails, does she have to go to court for disclosure or is there something similar she can rely on, she was hoping she could make an access request under the Data Protection Act but is getting conflicting advice.Data protection act relates specifically to an individuals information - however possibly these commission figures would have been recorded on her payroll records??

    Can anyone advise on the way forward or how to handle the situation.

    Thanks
    Jayzee1444
    In my opinion I would say they are running scared already! How long was your friend employed by the company? Does she dissagree with the termination?
    If you want to tell people the truth, make them laugh, otherwise they'll kill you.
    Oscar Wilde

    Comment


    • #3
      Re: Commission Owed and PILON Query

      Hi Rosymaria,

      Thank you for your reply.

      I'll ask my friend if I can post the details of the dismissal, its a bit complicated.

      She worked for 7 months with the company and was one of their top sales people, however she was in a car crash,she doesn't agree with the termination but I'd need to speak to her before I post the details as its not a straight forward situation.

      Can an employer exercise a payment in lieu of notice if it is not in the contract and not with the employees express agreement? "Yes I believe they can - if pay in lieu of notice is not the norm tho they should make the payment gross! "

      Is there any legislation that backs up this view, its important as my friend would have received the monthly company bonus if the notice period had run as normal however the PILON served to cut the bonus of before the due date.

      Yes she has received the P45 no payments were made.

      "The payments are made quarterly and normally the commision is paid in 4 amounts in some cases she would have already had the first payment on her payslip in other cases the payments were pending."

      However she has told me the majority of the commission wouldn't have been issued by the termination date, only a fraction of it.

      It would be difficult to guess as she earned different amounts per client but it is definately more than whats offered,(whats offered would probably amount only to the commission that has already started on her payslip)she can't give an accurate guess, she didn't really expect to find herself in this situation. She would really need to see the emails she knows its a lot more than whats offered but she relied on the emails as a record and as a PILON was exercised she never got back to the building to get a record. In order to progress further against the company if necessary she needs access to the emails.

      They are offering 1 days holiday pay but she reckons shes owed about five but again she doesn't have an accurate record, this may be a lost cause as this company is turning out to be a bit dodgy to say the least.

      She had learnt a lesson but at the time just used to refer to the information on the emails for reference if needed.

      What do you think will happen when she replies saying she disputes the amount?

      Thank you for your reply.


      Jayzee
      Last edited by jayzee1444; 19th April 2009, 15:59:PM.

      Comment


      • #4
        Re: Commission Owed and PILON Query

        Hi any update

        Regards

        Andy

        Comment


        • #5
          Re: Commission Owed and PILON Query

          Hi this case is still ongoing can anyone tell me if expenses claims forms and payroll records(they didn't give her a final pay slip - just a P45 and put a basic pay amount into the bank) can be requested under DPA

          Thanks

          Jayzee

          Comment


          • #6
            Re: Commission Owed and PILON Query

            ICO - The Employment Practices Code - Supplementary Guidelines


            Theres some useful information in that link about the extent an employer has to comply with a DPA.
            Pretty thoroughly it seems.
            If your friend is able to specify the exact group of emails, her payroll records and expenses claims forms, she should be able to submit a normal SAR. Indeed it seems that when there is any sort of dismissal dispute, they should comply with a DPA request.
            "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

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            Comment


            • #7
              Re: Commission Owed and PILON Query

              Originally posted by Celestine View Post
              ICO - The Employment Practices Code - Supplementary Guidelines


              Theres some useful information in that link about the extent an employer has to comply with a DPA.
              Pretty thoroughly it seems.
              If your friend is able to specify the exact group of emails, her payroll records and expenses claims forms, she should be able to submit a normal SAR. Indeed it seems that when there is any sort of dismissal dispute, they should comply with a DPA request.

              Thanks a million Celestine that is really helpful

              Comment

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