Problems with commission structure

[MagicMikey]

Hi all,

 

I am new to this wonderful forum, and could really use some assistance please.

 

Nearly 7 months ago I started working for a very small company. At the time of the interview I was advised that after completing 6 months I could expect a commission structure on top of my basic salary. I work in a technical sales role.

 

Having a background in sales I have performed very well since joining the company, and by a long chalk am performing much better than my colleagues. As you might expect, when my first six months were completed I was keen to understand what my commission structure would be and what rewards I could look forward to.

 

At the start of my seventh month I was waiting for my boss to raise the subject, but he didn't so I decided I would. He said in response "yes we did agree a commission arrangement - leave it with me and I'll come back to you." So, I left it a week which I thought was a reasonable amount of time and asked again.

 

This time his response was to promise to do it on the weekend. The weekend came and went and I waited alk of Monday for him to discuss the matter but nothing. I asked again at the end of the day and this time just got a snotty response. He said "why do you want to know, you're not depending on it for a mortgage or anything are you?"

 

Since this time another week has passed and still nothing! Technically,I am not due any commission yet, however, I still think that I have a right to know what my commission structure is. I am quickly starting to think that despite being acknowledged in my contract of employment, this commission structure is mythical.

 

Really, my boss has lied to me and broken promises. My motivation to do any more than average has been battered. Quite frankly, I am thinking that the best thing for me to do would start looking for an alternative role with a company that would actually pay a commission.

 

Do you all think I'm overeacting or am I right in thinking I'm being taken for a mug?

[rebel11]

Hi magicmikey

 

Welcome to CAG

 

The guys will advise as soon as they are available. I like the way you've sold the forum.

'I am new to this wonderful forum'.

[ericsbrother]

commission is part of employment contract, whether written or implied so you are entitled to it. Have you spoken to anyone else or read any details? If you leave you will be entitled to any commission due-decided by ET so can give details if it comes to being that bad.

[MagicMikey]

Hi everyone, thank you for your responses! I meant to add to my last post; the subject of my commission was originally on my boss' to do list for a couple of days after I first asked, but it has absent ever since. My thinking is that I am certainly not going to sell anymore than my basic target. Keeping your sales team motivated should be a priority..... Otherwise, surely they will leave taking their income potential with them?! When I leave I will be doing so for the reason that my employer has breached my contract of employment. Are there any grounds for taking legal action against my employer? I don't care about compensation or anything like that, I just want to use the law to make him realise that it is very wrong to lie and cheat people and that there are consequences for doing so. Fundamentally, I want to stop this happening to anyone else!

 

Thanks everyone

[rebel11]

Hi Magicmikey

 

Your clearly not happy about the commission situation. You'll need to show a Tribunal that you tried to resolve the issue with your employer. You've raised the matter informally by mentioning the commission to your manager, but he just stonewalls you then forgets. You could now raise a Formal Grievance. Send him your Grievance Recorded Delivery, send a copy to HR.

 

https://www.gov.uk/solve-workplace-dispute/formal-procedures

[Emmzzi]

I can't see a legal case unless you have something in writing saying commission will be factored in after the initial period. Even then a derisory 1p per sale would cover that off.

[MagicMikey]

Hi all, just to clarify it is in my contract of employment that I can expect a commission structure after 6 months. I have also seen evidence that my colleague who has been with the company much longer than I gets commission. I have also been told by my manager in percentage terms what extra my colleague has earned in commission.

 

I think that the problem is the amount of sales that I am generating. Personally I think I would be best off seeking employment with a more genuine employer who is happy to honour his employment contract, and who is prepared to reward a good sales person. All of this aside, I am never going to have a good working relationship with someone who lies to me and is untrustworthy.

 

Thanks everyone.

 

Btw, Emmzzi you and I are thinking along the same lines about the 1p commission.

[Emmzzi]

I'd certainly be leaving, and I'd make sure commission arrangements were in writing in my next role.

[MagicMikey]

I take on board the advice thank you Emmzzi I am quite young still so will chalk this up to experience, get enthusiastic about looking for a new role and will certainly learn a lessons for next time.

 

Thank you

[Emmzzi]

I hope I'm wrong and the boss comes good in the next few weeks! Never worth a big argument though - he'll either fix it or he wont..!

[steampowered]

I think seven months is long enough. Surely they have a commission structure in place already for your colleagues?

 

There is nothing wrong with politely showing the boss what is written about commission in the employment contract and telling him that you will search for alternative employment if a reasonable commission structure is not provided.

[MagicMikey]

Hi Steampowered,

 

Thank you for your input on this

 

The arrangement was that the commission structure would commence at six completed months of employment. Technically, he has already had six months of free sales! There is only one other employee working in the same area of the business, but as you say, he is already on a commission structure. It has now been a month since I shouldhave known what my commission structure would be and all I have had is excuses.

 

If it were my business, I would want to make sure that I maintained the motivationof my sales team. I think what annoys me about all of this is that I have put in so much effort to learn as much as possible, as quickly as possible and I have been treated in this way. I also feel that because I have nowbeen lied to several times about this, it has caused an irreversible break down in trust. Because of this I sincerely believe that I am best off finding a new job where my performance will be valued, and chalking this up to experience!

 

Thank you

[honeybee13]

Hello there.

 

Sadly, I think you could be right about moving on. It can't be difficult to put you on the same commission structure as your colleague, so it's hard to see what would delay this apart from unwillingness to part with money.

 

HB

[MagicMikey]

Thank you honneybee13,

 

In all honesty I find the whole situation bizarre.

 

My profit generated is more than my boss and my colleague put together. I am always on time, dress well, never have any sick days. I can't understand what I have done wrong. Maybe he is unhappy that I would earn more than him, maybe I am too ambitious - I just don't know :\ Fortunately, I am not without offers of employment.

 

I just comfort myself with the thought that what goes around comes back around. It is a shame, because when I go I will take all my knowledge, sales ability etc with me. What is more confusing is that it has surely cost the business to train me etc, and it will cost to train my replacement - all very weird!!!!!!

[steampowered]

Don't take it personally. Employers will generally pay the least they can get away with because that is how a free market works. As the boss it may be money coming out of his pocket so if he thinks he can get away delaying commission he will do so. Perhaps if he knows you are searching for other jobs that will encourage him to get a move on.