Anyone know about employment law?

V

vectramat

Member
Guys, looking for a bit of advice here from those in the know or anyone who has been in my position.

As some of you know, I changed my job in January.

I left my previous employer having being paid Januarys basic wage, plus my December commission plus outstanding holiday pay.

When I left I had some outstanding commission from January and was advised in an e-mail from the company that the next date payments go out would be 28th Feb. My commission was only about £600 being one of the quieter months in the motor trade. I know this because ive kept n touch with a good friend who still works at the company and hes updated me each time the 'scorecard' was published which details a league table of everyones commission in the company.

Alas, the 28th Feb came and went and no such payment has been made. I confirmed with my friend that he had been paid.

So I e-mailed the company on 28th feb asking why I had not recieved the outstanding money. I copied in the HR advisor who informed me of the 28th being pay day, the company chairman and their payroll officer. None of which have replied. I then e-mailed again on 3rd March asking for an response before close of business today 5th March or id commence legal action. No reply has been recieved. I cant call them because the head office does not take incoming calls.

What should I do? Ive looked into legal advice but i fear it may be such a small claim that solicitors will not take it on? Its not the fact that im desperate for the money, its the principal that ive earned that money so why should they get away with not paying it.

Would really appriciate any help advice or anything that would point me in the right direction.

Thanks for reading
Matt
 
hi,

can't offer much help i'm afraid, as you say, the amount is trifling.

i'm in a similar position myself, left employment on the 25th jan being owed 7 days' holiday, wasn't processed as a leaver so got a normal pay packet for January which has left me 3 days light. I've sent through calculations etc but to no avail.

it's annoying as you feel like you're being trivial but the amounts involved would pay for a nice weekend away etc, so why should I just let it drop?!
 
vectramat said:
Guys, looking for a bit of advice here from those in the know or anyone who has been in my position.

As some of you know, I changed my job in January.

I left my previous employer having being paid Januarys basic wage, plus my December commission plus outstanding holiday pay.

When I left I had some outstanding commission from January and was advised in an e-mail from the company that the next date payments go out would be 28th Feb. My commission was only about £600 being one of the quieter months in the motor trade. I know this because ive kept n touch with a good friend who still works at the company and hes updated me each time the 'scorecard' was published which details a league table of everyones commission in the company.

Alas, the 28th Feb came and went and no such payment has been made. I confirmed with my friend that he had been paid.

So I e-mailed the company on 28th feb asking why I had not recieved the outstanding money. I copied in the HR advisor who informed me of the 28th being pay day, the company chairman and their payroll officer. None of which have replied. I then e-mailed again on 3rd March asking for an response before close of business today 5th March or id commence legal action. No reply has been recieved. I cant call them because the head office does not take incoming calls.

What should I do? Ive looked into legal advice but i fear it may be such a small claim that solicitors will not take it on? Its not the fact that im desperate for the money, its the principal that ive earned that money so why should they get away with not paying it.

Would really appriciate any help advice or anything that would point me in the right direction.

Thanks for reading
Matt
Click to expand...

worth checking your contract - lots of firms consider paying commission to be at the company's discretion - if it says that (and ours does) then you dont have much lee way
 
JaEdBa said:
hi,

can't offer much help i'm afraid, as you say, the amount is trifling.

i'm in a similar position myself, left employment on the 25th jan being owed 7 days' holiday, wasn't processed as a leaver so got a normal pay packet for January which has left me 3 days light. I've sent through calculations etc but to no avail.

it's annoying as you feel like you're being trivial but the amounts involved would pay for a nice weekend away etc, so why should I just let it drop?!
Click to expand...

thats and easier one to fix - sounds like a simple mistake, a quick solicitors letter should fix that
 
Been through contract with a fine tooth comb and it does not say anything about not paying commission in the event of my leaving.

As mentioned maybe a solicitors letter might shock them into getting this sorted?
 
chris g said:
JaEdBa said:
hi,

can't offer much help i'm afraid, as you say, the amount is trifling.

i'm in a similar position myself, left employment on the 25th jan being owed 7 days' holiday, wasn't processed as a leaver so got a normal pay packet for January which has left me 3 days light. I've sent through calculations etc but to no avail.

it's annoying as you feel like you're being trivial but the amounts involved would pay for a nice weekend away etc, so why should I just let it drop?!
Click to expand...

thats and easier one to fix - sounds like a simple mistake, a quick solicitors letter should fix that
Click to expand...

not really - the holiday pay settled on cessation of employment is a function of duration of employment x holiday entitlement - holiday taken in tenure; in this case the records kept for holiday taken are pretty lame. so the proof of what's owing is hard.
 
I was owed by an ex employer few years back. Took them to small claims court cost about 80quid i think.

They paid up straight way :thumbsup:
 
Small Claims Court an option :
http://www.adviceguide.org.uk/england/law_e/law_legal_system_e/law_taking_legal_action_e/small_claims.htm#time_limits
 
It might worth giving ACAS a call,they are they are the experts in this area.There should be a office in your area.
Hope it all works out for you in the job hunt.
 
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