Commission payments on garden leave

[mark1979]

I am on garden leave. My wages are made up of a salary plus commission. The commission accounts for roughly 65% of my earnings. When I am on holiday they pay be my average daily commission based on the previous 12 months. As they put me on garden leave do they now have to pay me my average commission for this period too as it is them who have stopped me from earning?

[ULA]

Is there a garden leave clause in your contract and if so does it say anything about how commission is calculated if you are put on garden leave? If there is nothing in your contract is there anything within the commission policy regarding this situation?

In terms of what they must do that will be determined by either of the above mentioned document. You need to check whether there is anything which says how commission is calculated, for example when you are on notice period or garden leave. If there is nothing specific that deals with that it becomes more difficult unfortunately because the law does not specify what the employer must do and it would come down to either what they decide or looking at what they have done in the past.
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[mark1979]

So I decided to pursue this with the help of a friend of mine.

In total I ended up with 4 issues:

1. They took £264 from me for collecting a company vehicle during lockdown.
2. They didn't pay me a bonus I had earned.
3. I felt I should recieve my average commission earnings during Garden Leave as I would during annual leave.
4. It turned out my holiday pay since last year had been calculated incorrectly and I was out of pocket substantially.

Won all 4 points via their grievance and appeals procedures. They ended up paying me circa £4000.

Can post up the 5 letters in the chain for anyone who is interested.

[ULA]

Well done for picking up on the extra issues that also happened and a great outcome. Thanks for coming back to update us