My Manager Mis-informed me, now I have no commission

[mattelston]

Would love some advice on my situation.

I handed in my notice to go to a new job under the impression that I would be paid my commission (around £5000) if I left on good terms and did not get fired. This was the information that my direct manager gave me.
The company are not paying me any of my commission as my contract states that I will not receive commission passed my termination date which was 5th December 2016. The contract also states that they have final say in all commission matters.

I was acting on the information given to me by manager, combined with the fact that they have final say in commission matters. The company have verbally apologised for his mistake but will not pay me any commission. Can I take matters further legally under these circumstances?

Thank you in advance for any advice.

[charitynjw]

Re: My Manager Mis-informed me, now I have no commission

Hi mattleston

For the purposes of the Employment Rights Act 1996 part II , it has been determined that commission is part of wages.
Unauthorised deduction of wages is unlawful.
Robertson v Blackstone Franks Investment Management Limited 1998, IRLR 376 Court of Appeal might be a good starting point.

Edit
The contract clause could prove problematic, though, & needs careful consideration.

[mattelston]

Re: My Manager Mis-informed me, now I have no commission

Many thanks for this information, it is useful and good to know.

My uncertainty revolves around my contract that I had digitally signed. I was using the information given to me by my manager when I handed in my notice. He said I would be paid my commission, does this form any kind of verbal contract that I can use as this is what I based my decision to resign on. I only found out two days before my termination date that I was not going to be paid any commission.

Many thanks

[des8]

Re: My Manager Mis-informed me, now I have no commission

It certainly seems a suspect clause... why not have a word with ACAS: http://www.acas.org.uk/index.aspx?articleid=1410

[mattelston]

Re: My Manager Mis-informed me, now I have no commission

I spoke with ACAS and attempted Early Conciliation but they refused to entertain it outright. ACAS have said that I can take them to a Employment Tribunal. My question is now, what is my best route to getting my commission? Should I use a employment tribunal or should I take them to civil court?
There has also been a development where my ex manager said that he will put in writing that he stated that I would get my commission. I'm guessing this will help my cause, but what is my best plan of action and do I need a lawyer to represent me in employment tribunal or civil court?

Many thanks in advance for any further help with this!

[Sangie595]

Re: My Manager Mis-informed me, now I have no commission

I'm sorry, but I disagree with the previous posters. Unless your commission is required to make your wage up to the living wage, then I do not agree that failure to pay commission, an action clearly stipulated in the contract, is an unlawful deduction. Be cautious here - ACAS have said you can take them to an employment tribunal, but they have NOT said that you have a case! They can't say that - it is outside their remit to give legal advice of such a type.

Your manager does not have the final say on your commission, nor does their statement that they told you you would be paid have any bearing on anything, unless you can also demonstrate that the manager has the absolute authority to vary the employers terms and contractual conditions without reference to anyone else. Something I am very certain they do not have!

On this basis, the matter is within the employment jurisdiction because the matter relates to the terms of your employment. You have no option to take this anywhere else because nobody else can determine employment law. On that basis, the case becomes potentially much more expensive for you, especially since, based on what you have said here, I can't see that you would win if it went to a tribunal.

The terms were clear, they were in your contract, you agreed them, and they are actually quite commonplace.

[mattelston]

Re: My Manager Mis-informed me, now I have no commission

Thank you Sangie.

As much as I hate to admit it, what you say makes sense!
There are a lot of circumstances that I have not disclosed on here with regards to the help I received when asking my employer for advice on the subject and also the hostile way I was treated with regards to the matter.

I think I am going to have to get a lawyer to look at my contract as it is not very clear to me.

One question with regards to the contract. My employer changed my commission plan part way through my time in the sales position I was in. The previous plan stated that I would be paid out my commission plan if I resigned from the company, the new commission plan states that I don't receive commission once I have been terminated and it supersedes any previous plans.
If I didn't sign this new contract it would mean I would be out of a job. They kinda force it upon you and if you don't like it then you have to find yourself another job or a different role. Is this lawful?

[Sangie595]

Re: My Manager Mis-informed me, now I have no commission

Thank you Sangie.

As much as I hate to admit it, what you say makes sense!
There are a lot of circumstances that I have not disclosed on here with regards to the help I received when asking my employer for advice on the subject and also the hostile way I was treated with regards to the matter.

I think I am going to have to get a lawyer to look at my contract as it is not very clear to me.

One question with regards to the contract. My employer changed my commission plan part way through my time in the sales position I was in. The previous plan stated that I would be paid out my commission plan if I resigned from the company, the new commission plan states that I don't receive commission once I have been terminated and it supersedes any previous plans.
If I didn't sign this new contract it would mean I would be out of a job. They kinda force it upon you and if you don't like it then you have to find yourself another job or a different role. Is this lawful?

I am afraid so. You had the option of refusing and claiming unfair dismissal. You didn't. And probably just as well, as you'd probably have lost. Not an easy case to fight. But you signed and you continued to work - that qualifies as voluntary acceptance. In fact it would have if you hadn't signed - if you continue to work that is acceptance.