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
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
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