Employer wants to pay 50% of contractual sales commission owed

[ericsbrother]

whatever they choose as long as it is a genuine one they get from their bank or wherever.

 

Also I forgot to add.. some of the sales figures are in Euros and US Dollars - my contract doesn't stipulate what exchange rate will be used, my employer has used a less favourable exchange rate than when I looked up the exchange rate myself online, at the point of the commission being due.

 

What would be considered a reasonable exchange rate to use in these circumstances?

[ericsbrother]

the law uses the simplest or commonest use of the language so when someone syas sales it maens 1% of the price the goods sold for. If they said net sales then that would apply but even net sales has to have a rider what is included in the deductions form the gross and that is usually taxes. They would have to stipuate it even further if they meant net profits of sales as that is very different.

[ericsbrother]

to answer the last part first,

it doesnt matter what the incentives of this third party is as they are not your employer so they cant alter your contract nor force you or your employer to do anything. They are there at the employers expense to act in their interest or to give advice.

 

as you are now out of that job I would say stick with the correct rate for commission and ensure that you get paid for your accrued holiday pay and for the correct notice period, which isnt a week.

 

You dont say how long you have been employed, this does make a difference but not much to the above so far.

If you have been there a long time then the notice period will be at least a month and the correct processes carried out before dismissal, which doesn't appear to have been done although they are trying to get round this by claiming gross misconduct when there doesnt appear to be any misconduct at all.

 

Now all of this will have to be explained by them at an employment tribunal should they decide not to pay you the correct amount.

If they do pay up without much argument then you may wish to consider the risks and benefits of a long drawn out battle with them but I dont see them wanting to just cough up as they havent shown much sense so far.

 

You will have a limited time to slap in a claim so start off by following the ACAS code and appeal the dismissal.

If you dont then they will win on a technicality.

 

ACAS will advise and even mediate but as said, no point accepting a loss now you dont have a job,

Edited April 10, 2018 by dx100uk
spacing

[ericsbrother]

Your short service limits what a tribunal can do but that doesnt stop you from using the county court small claims procedure to claim the monuies due to you under a contract.

If they phoenix the company after you have started a claim then they are supposed to set aside the monies that are likely to be paid out in this manner. many companies dont but there is room within the Companies Act to claim from the newco or the directors individually

[ericsbrother]

the restrictive contract will still apply unless you can show that their behaviour was so awful no person could ever agree to the terms knowing what you now know.

 

From what I can see they are saying you cant start your own company nor poach staff or customers.

So far nothing unusual. geographical restrictions are normal for companies like hairdressers where clients are local to business.

 

Now if you go and work for another company these restrictions cannot apply because you arent acting for yourself and again the local restriction would mean that you cnat work for a locl rival co (which is possibly reasonable but as they have fired you under dubious methods and reasons then it is unlikely that can be enforced. Poaching customers is harder to prove but basically you are banned from using their contarct book or even your own if it was built solely in their employ.

[ericsbrother]

glad you came back and told us. Good luck for the future in your new job.