Employer holding out on commission

[weevil]

Hi all,

I currently work in a technical pre-sales + implementation role for an IT firm in London. During the interview process it was noted by the MD that consultancy that I performed I would receive commission on.

Fast forward 2.5 years now I've been with this company and I am yet still to see any commission for consultancies I've done. My line manager spoke with the MD regarding this and apparently it's not in my contract. However, I took the position knowing that the commission would supplement my income (Living in London is expensive after all) otherwise I would have taken a different post.

I am now in the situation where I am owed thousands in commission. What legal options do I have here? I do have however during the introductory emails with the MD him specifically mentioning the consultancy commission when we were playing email ping-pong about benefits and salary etc.

Thanks !

[Johnboy007]

Re: Employer holding out on commission

Hi,
Why the hell wait two and a half years before doing anything?
Unless you have anything in writing, or it is in your employment contract.
There is nothing you can do to claim any money.
The MD can claim that commission is discretionary and that's that I'm afraid.
Unless you have a firm offer from the MD, you have little chance of claiming hundreds, let alone thousands.
Always insist that offers, or changes to your contract of employment, are put in writing.
Can you post the email, so that I can ponder over it.
Obviously omit any personal details.
JB

[weevil]

Re: Employer holding out on commission

The email essentially listed all benefits of taking their offer of employment:

Is there any form of pension scheme? After 12 months of service you eligible to joining the Company pension scheme where we match your contributions, full details available.

How many days holiday do I get for the first year? 20 days per annum, you receive a proportional amount depending on when you start, this does not include bank hols.

Is there any form of overtime etc.? Yes; if its to-do with Customer projects: e.g. Client needs work after evening or weekend work, then you receive 1.5x and 2x respectively
Will there be any weekend work as part of the normal course of a working week: Currently there is no such requirement; although may be needed for the office move, due later this year.

Also there is:
· Subsided Gym membership after 6 months.
· Extra 3 days holidays per year as part of bonus plan to reward punctuality and attendance after 6 months
· Private healthcare scheme after 12 months.
· 10% of consultancy profit bonus for each successful onsite implementation you undertake.

The reason I've waited so long is because it was a year before I was trained up to even do consultancy. Now a consultancy takes 3 months to start, a month to do, then a further 6 months to finish. So Its only been the past 6-9 months that I've been doing any consultancy. This is the 3rd time I've brought it up to my manager.

[Johnboy007]

Re: Employer holding out on commission

You now need to invoke a 'Grievance' (complaint) with your company.
Have you got copies of the Company's Grievance and Disciplinary Procedures?

You must put your complaint in writing and give it to your manager (keeping a copy).
State that, despite several complaints to the manager, you feel the company have not paid you consultancy profit bonus, for X amount of completed consultancies that you have carried out since (give date).
Request that the company investigate this complaint and pay you the money owed.
Depending on the terms of the company Grievance Procedure, you should give them reasonable time to get back to you (10 working days).
If you are not satisfied with the response (or lack of response), then you should take it to the next stage of the procedure.

[basa48]

Re: Employer holding out on commission

You now need to invoke a 'Grievance' (complaint) with your company.

You must put your complaint in writing and give it to your manager (keeping a copy).

If you are not satisfied with the response (or lack of response), then you should take it to the next stage of the procedure.

........and start looking for a new job !!

[weevil]

Re: Employer holding out on commission

........and start looking for a new job !!

Way ahead of you. I just want what's owed before I leave.

[weevil]

Re: Employer holding out on commission

You now need to invoke a 'Grievance' (complaint) with your company.
Have you got copies of the Company's Grievance and Disciplinary Procedures?

You must put your complaint in writing and give it to your manager (keeping a copy).
State that, despite several complaints to the manager, you feel the company have not paid you consultancy profit bonus, for X amount of completed consultancies that you have carried out since (give date).
Request that the company investigate this complaint and pay you the money owed.
Depending on the terms of the company Grievance Procedure, you should give them reasonable time to get back to you (10 working days).
If you are not satisfied with the response (or lack of response), then you should take it to the next stage of the procedure.

Grievance procedures....I guess that's the first stage. Thank you for your input.

[Johnboy007]

Re: Employer holding out on commission

Grievance procedures....I guess that's the first stage. Thank you for your input.

Yeah, this is the first stage....
Always stick to procedures, never stray outside of them.
If this goes to tribunal, then you need to show that you did stick to the rules.:tinysmile_twink_t2: