Unpaid Commission

[HC777]

Hi

I have a problem with my last employer in that they owe me unpaid commission.

 

As background - my role was made redundant in December but i tried an alternative role for 3 months and left in February.

 

The commission scheme that i was on stated that anyone leaving earns money based on cash received in the month after they have left the company - so in this instance it would be against cash earned in March to be paid to me in April.

 

The concerns i have are these:

 

1. I don't have a copy of the exact scheme and don't know the amount i should be paid as I'm not privy to this information that occurred after i'd left.

2. I don't have a copy of the terms of the scheme but as a manager I had authorised paying out on these terms and I'm aware that people have been paid out since (what i do have is an email that states in February "your commission payments will be calculated at month-end this month (and I think again next month)". Should i use a SAR to try to get this information?

3. I have email numerous times over the last four months - my last two emails have been ignored. I assume my next option is a letter before action and then to take them to court - but for what amount?

 

My biggest concern is the limited amount of documentation that i have around this.

Many thanks in advance for all your advice

H

[steampowered]

If you are confident about what these documents say, the fact that you do not have a copy should not be a problem. If you took this to court or tribunal, they would normally be expected to disclose these documents.

 

I would kick this off by writing a clear e-mail or letter asking for payment; or for an explanation of why no payment has been made. If that response refers to documents you don't have, you can then ask to see a copy of the documents.

 

Do bear in mind that this employer does not have to give you a reference, and could give you a negative reference.

[HC777]

Thank you for the quick response. I am not concerned about a reference - already have another job and references all sorted.

I will send a more strongly worded email before the LBA to see if that gets a response.