Change of commission by employer

[therealboss]

Hi Legalbeagles

I am new to the site and would appreciate any help you could give me.

I have just recently left a company where I was working in sales and was due commission and bonus for the end of 2016 quarter 4. I left the start of 2017 and double checked I was still entitled for my commission and bonus from 2016 which I was told yes!

I have just received my statements which the bonus was correct and is capped at a certain amount as it states in the terms and conditions.

I have also received my statement for my commission which I had worked out how much I would have received,but it was capped and in the terms and conditions it says uncapped and on the on the statement in brackets says capped.

When reading through all the terms and conditions there is no mentioning off the cap on the commission just the bonus,however there is a section that says " The bonus,commission and incentive schemes are non-contractual and are subject to alteration or withdrawal at the discretion of the director of sales"

My question is although the sales director can change at his discretion during the quarter which he did already in November change it once can he then change it again after the quarter has finished?

Any help on this would be gratefully appreciated

Kind regards

Therealboss

[Kati]

Re: Change of commission by employer

tagging [MENTION=94916]Sangie595[/MENTION] xx

[Sangie595]

Re: Change of commission by employer

Hi Legalbeagles

I am new to the site and would appreciate any help you could give me.

I have just recently left a company where I was working in sales and was due commission and bonus for the end of 2016 quarter 4. I left the start of 2017 and double checked I was still entitled for my commission and bonus from 2016 which I was told yes!

I have just received my statements which the bonus was correct and is capped at a certain amount as it states in the terms and conditions.

I have also received my statement for my commission which I had worked out how much I would have received,but it was capped and in the terms and conditions it says uncapped and on the on the statement in brackets says capped.

When reading through all the terms and conditions there is no mentioning off the cap on the commission just the bonus,however there is a section that says " The bonus,commission and incentive schemes are non-contractual and are subject to alteration or withdrawal at the discretion of the director of sales"

My question is although the sales director can change at his discretion during the quarter which he did already in November change it once can he then change it again after the quarter has finished?

Any help on this would be gratefully appreciated

Kind regards

Therealboss

I'm afraid that they can. Bonus terms are often discretionary like this, and since this is clearly stated in the contract, technically he could have completely withdrawn the bonus. Unfortunately, on this basis, there really isn't anything that you can do about it.

[therealboss]

Re: Change of commission by employer

I'm afraid that they can. Bonus terms are often discretionary like this, and since this is clearly stated in the contract, technically he could have completely withdrawn the bonus. Unfortunately, on this basis, there really isn't anything that you can do about it.

Ok thats not good but thank you very much your help I really appreciate it.

Thank you

[Sangie595]

Re: Change of commission by employer

You are welcome. Yes, disappointing. But look on the bright side - many employers just don't pay up at all when someone leaves, and they can do that too when it is a discretionary bonus. So they had some honour, if not 100%!