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Salary/Commission

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  • Salary/Commission

    Good morning,
    Just a quick introduction I have been a member here since last year when I was looking for some assistance in claiming back on PPI. Since then I have visited regularly as am in awe of the amount of knowledge and the willingness to assist and support.
    This is a question on behalf of my son. He has worked for this company for 3 months on a salary and commission basis pay date last day of the month. Since he started he has not been paid his commission and always reasons from his employers as to why they couldn't pay it eg people were not paying them. Things came to a head and there was a meeting on 13/5/13 during which it was agreed that commission would be paid on 31/5/13 and Mays salary would be paid on 12/5/13.
    On 31/5/13 nothing no commission no salary just a text saying it would be in bank by 5pm. Over the weekend my son tried texting calling but their phones were switched off. Early Monday morning text from employer saying don't go into work and they will sort money out one way or another by the end of the dasy. Nothing.
    They have been told there is a meeting today,but doubtful that will happen as several already been cancelled.
    Is there anything my son can do to get the money owed to him by his employers? This feels like a scam and so wrong. As he says he wants to provide an honest days work for an honest days pay but it doesn't look like this is going to happen.
    Thank you for any comments and/or advice
    Christine
    Tags: None

  • #2
    Re: Salary/Commission

    Looks like the company is insolvent or has ceased trading. See what happens about this meeting today, then come back with any further information, and then it may be possible to give more accurate advice. OK?

    Comment


    • #3
      Re: Salary/Commission

      Thank you Eloise. My son has just recieved a text saying he will be paid on 25/6/13 and thats it, no contact until then as nothing can be done. Speaking to him lots of info has come out eg any money they have been paid has come out of a private bank account. Deductions have been taken for tax but no tax has been paid to the inland revenue. Anyway there is no way my son is going back but is there a way he can claim the money he is owed. I will try and help him but i dont have enough to pay bills etc so goodness only knows what will happen. I believe these people have recieved the money and are keeping it for themselves.

      This is worrying so thank you for any thoughts.

      Christine

      Comment


      • #4
        Re: Salary/Commission

        Ok then. What he needs to do now is write a letter before action. That sounds very grandoise, but it isn't. All it is is a letter (send it recorded delivery and keep the receipt) saying what he is owed, and that he requires the full amount to be paid within 28 days or else he will take legal action to recover the money without further notice. Then he must, at the end of the 28 days, make a claim for the money as an unlawful deduction of wages through an Employment Tribunal. I must warn you that there are no absolute guarantees that he will ever see the money owed - there are a number of potential difficulties involved in this sort of scenario, but unfortnately there isn't a short cut or a risk free strategy.

        Comment


        • #5
          Re: Salary/Commission

          Thank you Eloise for your reply and time.I am sure that money will never be seen and i find it hard to believe people like this exist by using the goodwill of others to acquire money.
          Christine

          Comment


          • #6
            Re: Salary/Commission

            I'm afraid that there are quite a lot of them around. Let me know how you go on, and I may be able to help more. Much depends on what happens next. It's this a limited company? I assume it is....

            Comment


            • #7
              Re: Salary/Commission

              Originally posted by Eloise01 View Post
              Is this a limited company? I assume it is....
              It won't be after HMRC get their claws on it.

              Comment


              • #8
                Re: Salary/Commission

                Elo if you can find out the name of the business I'll do a creditcheck on them, we can see if they have actually gone to the wall or are pulling chains.

                Comment


                • #9
                  Re: Salary/Commission

                  OP - if you are still around - PM either myself or Sapphy the company name...

                  Comment


                  • #10
                    Re: Salary/Commission

                    hello, not sure how to pm but it doesn't matter as not sure this company yet has a name. Am sure you understand when i say it is like 'pulling hens teeth' trying to get info. my son is very embarrassed and worried he might be dragged in to something not legitimate. As he still hopes to get paid he is going to wait til 25/6/13 and if nothing happens then hopefully he will gather the courage to take the next step. Meantime its about trying to survive financially.
                    I will let you know how it progresses and once again thank you for your time and comments.

                    Comment


                    • #11
                      Re: Salary/Commission

                      Ah - this is very important. You have a better chance of seeing the money if it isn't a company! Not everyone likes bailiffs around here, but there are times when they are positively a benefit. If this is not a company you can go after the person! With bailiffs if you have a court ruling.

                      Comment


                      • #12
                        Re: Salary/Commission

                        PS he cannot afford to wait. there is (a) a strict deadline of tribunal claims and (b) he may have to pay in July! At the moment it is free. He needs, if I may say so, to stop being a naïve wimp - if they were going to pay him they'd have paid him.

                        Comment


                        • #13
                          Re: Salary/Commission

                          Originally posted by Eloise01 View Post
                          Ah - this is very important. You have a better chance of seeing the money if it isn't a company! Not everyone likes bailiffs around here, but there are times when they are positively a benefit. If this is not a company you can go after the person! With bailiffs if you have a court ruling.
                          Or, to be more certain to get the money, with a third party debt order.

                          Comment


                          • #14
                            Re: Salary/Commission

                            Originally posted by christine66 View Post
                            not sure this company yet has a name.
                            If you post its geographical location and nature of business, it should soon gain in notoriety. :grin:

                            Comment


                            • #15
                              Re: Salary/Commission

                              hello, I think I understand how to go about this and what to do next or at least get my son to start proceedings.
                              I really do appreciate the advice and time you have taken and I will let you know of any outcome.
                              Christine

                              Comment

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