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Hi,

 

Im hoping somebody may be able to help. My wife works in a job where she is paid commission if she negotiates deals for room bookings or office renatls. She has recently negotiated over a period of months a large office contract, which would have earned her a commission in the region of £500.

 

However, a new area manager has been brought in above her during the last week or so of the negotiation and he took over and signed the deal with the client, on the same terms and price as agreed by my wife. He is now claiming all the commission himslef, and refuses to acknowledge my wifes effeorts in securing the deal.

 

Is there any grounds that the company are bound by law to pay her the commission? Her contract when she started does not mention earning commission, however her job role has since changed and she has been paid commission in the past so I wouldnt have thought the comapny could say she has no right to the money?

 

thanks for any help!

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if it isn't in her contract.... it isn't binding.


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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I would have thought that the fact that they have been paying her commission for sales fairly regularly forms an implied contract?

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Commission schemes change all the time.... feel free to go to court and test it, but me, I'd save my money


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Yeah its probably not worth the hassle, I was just more worried about the fact a superior can come in at the last minute to sign the contract and take all the commission. Surely this could happen on any deal, get someone else to do the hard work, sign the contract and take all the money yourself?!

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Oh yes, he's clearly a cad, and you're right to be angry! Moral and legal justice are often not the same thing though.

 

New job time.


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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haha yes i said exactly the same to her! thanks for the advice anyway

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Agreed commission is part of an employment contract, even if not written in (ET has made that decision) Your problem is you have no proof that negotiation was solely hers and the new boss isnt suddenly going to say, yes, I did stiff my junior and she should have the money, otherwise they wouldnt have done it in the first place.

Every junior car salesman knows exactly how she feels.

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Normally, the employment contract would say that you get commission according to the commission policy. Very often the employer has the right to change the commission policy, but is legally required to follow whatever commission policy is in force.

 

Therefore I think you need to check the policy. I imagine the policy will say that only the named person gets credit but worth checking.

 

Rather than going legal it might be worth raising a grievance or speaking to a senior manager. The company has an interest in making sure that its commission policy works fairly.


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