Wages and Commission unpaid by employer

[paul2000]

Hi,

Can someone help me with this please?

About four months ago I left one company and joined a new company in a near by town.

I understood from my employer I would be paid 3 days wages owed and about £2000 sales commission.

The first month I left all was fine and I got my final months pay and commission. I then was asked by my new employer to compete for business that my old employer was also invited to pitch for. I contacted a colleague at my old job and asked them how they got on pitching for the business. My old employer found out and has now withheld my 3 days holiday pay and commission.

I have since used a local employment lawyer to contact the old employer and I have been paid the holiday pay and about half of the commission. I understand the old employer is prepared to pay the remaining commission and the employment tribunal fee (£160) to settle, but my employment lawyer is saying I should go to the tribunal and claim a higher amount for breach of contract. I know my employment contract said I should not compete for business for a period of six month but my employment lawyer says the clause is not worded well.

My old employer thinks I may have taken customer data and may have some ambiguous computer data to demon-straight this.

Barring in mind the my old employer has paid the wages and half the commission already and is prepared to pay the balance should I still take her to the employment tribunal for breach of contract. I understand it will cost me about £240 for a hearing.

Thank You

[teaboy2]

Re: Wages and Commission unpaid by employer

I think ultimately the question is, would you feel good about doing so, do you need the extra money considering the compensation amount is likely not going to be much. You also have the fact the employer is willing to settle, and the fact you hadn't asked to be compensated for breach of contract, in addition to being paid commission and other monies owed, before now would likely be seen as unreasonable behavior.

You also have to ask yourself do you want the extra stress, do you want to give up 1, 2 or maybe three days to attend ET hearing (which you would need to take as holidays out of your holiday entitlement)?

Do you want to risk the employer trying to counter claim for breach of contract on the basis you competed for business (regardless as to if the clause was enforceable or not)?

To be honest, most people wouldn't bother, but its entirely your choice at the end of the day!

[paul2000]

Re: Wages and Commission unpaid by employer

Thank you for your advice.