employment law - commission underpaid , uk

[sp1n]

hi
at my interview i was told i would get rates of commission , plus additional extra commission if i hit agreed targets per month . i recorded my interview too . i was subsequently given this commission structure in writing .
3 months later as commission is now filtering through ive requested this additional payment as I've hit said targets . my manager , and my managers manager , have now said that i will not be paid this additonal money .
yesterday my manager agreed he told this to me infront of his manager , and i have it in writing and recorded - however they are still refusing to pay me this money . my colleagues are on the same commission structure scheme , it isnt unique to me .
i was given a printed contract of employment/code of conduct etc and it states i will be paid commissions due in said timescales [which i was] , however they are claiming nothing more is to be paid in respect to hitting targets i feel my contract terms / commission breakdown rates are as outlined to me at interview , and subsequently in writing , and therefore they are in serious breach of my contract by not paying me the full amount now due . what can i do guys ? I'm in UK and self employed with them in sales for 3 months now .
thanks

[ostell]

Re: employment law - commission underpaid , uk

Hold it !!!! How can you be self employed ? Looks like you are employed. This sounds like a scheme to avoid paying NI

[judgemental24]

Re: employment law - commission underpaid , uk

If you have a contract of employment then you are an employee, not self employed

I have to agree with Ostell

[matt3942]

Re: employment law - commission underpaid , uk

Hi [MENTION=74884]sp1n[/MENTION] - are you able to upload a copy of your contract? Remember to remove any personal information.

[sp1n]

Re: employment law - commission underpaid , uk

Hi @sp1n - are you able to upload a copy of your contract? Remember to remove any personal information.

Hi thanks guys much appreciated will upload tomorrow lunchtime. I'm in sales , self employed , and supposed to do my own taxes etc. And I'm employed as a sales agent/assessor . Ive always prev been employed but now I'm self employed with this new company so its new to me .
Again , many thanks ... sp1n

[sp1n]

Re: employment law - commission underpaid , uk

hi guys
heres my signed docs when i joined the company
once again , commission rates agreed at interview [voice recorded , quite clear no ambiguity] , also a printed version of that given to me clearly outlining rates . same agreed rates as other employees too . flat rate plus extra % for hitting 2 higher targets . its the higher target bonuses they are refusing to give . they admit i was told the 3 tier rates at interview but refuse to give . i guess if they give me that money its less profits for the company and will reduce their pay [i speculate on that last point]











many thanks ... sp1n

[sp1n]

Re: employment law - commission underpaid , uk

done , thanks @matt3942
sp1n

[sp1n]

Re: employment law - commission underpaid , uk

in additional to voice recordings of the offer made , he is what was written . the same deal is in place for all employees

[matt3942]

Re: employment law - commission underpaid , uk

Thanks [MENTION=74884]sp1n[/MENTION] - I do think you are self-employed, based solely on the document you have uploaded. This seems to a case of breach of contract. In my opinion your first action should be to outline your case in a formal letter. Wait to see what other's views are though as there might be people with more experience of self-employed workers.

[judgemental24]

Re: employment law - commission underpaid , uk

itto on that

Self employed is also not my area but i will do some digging later this evening

[sp1n]

Re: employment law - commission underpaid , uk

much obliged for your help guys

[sp1n]

Re: employment law - commission underpaid , uk

hi just to touch base on this one , firstly two things :
1 - i am self empoyed , so will need to go to small claims court
2 - my contract is not a "contract" , but a "compliance guideline manual"

so this process has been running a while as i needed to get other monies owed which they would place on hold for minimum 6 months if i left ! so now i have this i issued a formal letter of grievance to my boss . he didnt want to know so said give it to sales director . he didnt want it and said he had no idea what to do with it . he gave me a random name of someone in the cmopany and said give it to him . when i asked for a telephone number he didnt have , nor could he help me with an email or address to write ! unreal . after tracking down said guy and giving it to him he said he didnt want it and said give it to parent company . gave it to them and after more nonsense back and forwards between other depts it has now remained with company head office for 10 days to which nobody has bothered to respond after initial submission and being told it will be passed to directors . i have proof of receipt of letter .

yesterday i issued my second and final ultimatum in accordance with court guidlines of trying to resolve before approaching courts to intervene . i gave them until the close fo play today to contact me before starting proceedings as it has been in excess of two weeks since first submitting to my manager . i should also add when i initially gave my grievance letter in to my manager originally , he , along with the sales director , immediately told me if i was to persue this money [which wouldnt be paid as i wasnt entitled to it despite having voice recordings and commission sheets saying i would be paid this] , then that would basically mean i shouldnt really be working for the company and i should go there and then !! an incredible way of dealing with a grievance , sack somebody on the spot and absolutely no procedure for a grievance ! as a self employed person i dont suppose im entitled to any unfair dismissal am i ?

hope all that makes sense , as i say this is a household name company with over 5000 people working across the country and many millions in turnover for home improvement products . scandalous really . so it now means i have to take my employer to court . is there any other advice i can get here as im on my own from this point really ...

thanks for any help / advice
sp1n

[sp1n]

Re: employment law - commission underpaid , uk

hi to touch base again
can i claim unfair dismissal when issuing a grievance , loss of earnings , anything like that ?
what else can i add to amounts owed ..... interest and court costs are ok , but can i add on anything else please guys when issuing small claims proceedings ?
thanks sp1n