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Salary reclaim after 4 years

(3 Posts)
Beaniebeemer Thu 02-Jun-16 20:17:19


Hoping someone might be able to help me.

4 years ago I carried out a job for a customer. The customer already had issues with my employer and the work I undertook resulted in them getting a large bill. They had new premises and needed kitting out with new equipment. It was an unavoidable cost to them as they needed this equipment to comply with health and safety.

After this large bill was issued to them they decided to withdraw the contract from my employer due to costs and other ongoing issues not relating to me personally. As part of my contractual salary structure I got paid a commission which is a percentage of the cost of the equipment sold. In this case my commission equated to £1000. This was paid to me in August 2012.

My employers have been in litigation with this company for the last 4 years. Have been in and out of court due to the customer refusing to pay bills and in particular the bill for the work I carried out. This has been going in behind the scences without my knowledge.

My employer has today emailed me asking if I think I should be paying them back the commission I earned on this job as they feel it's ultimately my fault that the contract was lost. This is after 4 years!!

What should I do?

buckingfrolicks Thu 02-Jun-16 20:19:17

No you do not need to pay them back. The commission was presumably for the sake. You made the sale. What happened afterwards is irrelevant.

flowery Thu 02-Jun-16 20:55:51

What do the terms and conditions of the commission scheme say? If it says the commission is not due unless and until the customer pays the bill, then your employer shouldn't have paid you the commission anyway. If it became due when a sale was agreed, which presumably it was, then you have met the terms of the scheme and are therefore entitled to keep the commission.

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