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Original poster

Is my company entitled to this?

39 replies

Foodgasm · 21/10/2021 18:10

Hi everyone,

So I changed some details of the story in order not to out myself, but the most important things I left unchanged.

I work in a sales job in the medical industry.

I'm due to go on maternity leave in two months in December when my baby will be born.

Last week I had a meeting with the HR manager and she said I won't receive the commission on deals that I close shortly before I go on maternity leave.

In my job we only get the commission once customer has paid, so I could close deals before I leave and the payment from customer could come through 1 or 2 weeks later while I'm on maternity leave.

Is this right? Is my company entitled to do this?

Would be grateful for any advice xx

OP posts:
Nanananani · 21/10/2021 18:14

I’m in sales and got commission on everything that closed before I went on may leave. I think it is ‘discretionary’ though so if it’s documented as policy it will be a tricky one to argue. Your commission during your qualifying weeks should be included in your average income calculation for maternity pay though.

Sparklfairy · 21/10/2021 18:17

I've no idea but how tight is that!? Surely that just encourages you to "go through the motions" in your last weeks at work and not close any sales...

I certainly wouldn't be trying to close sales I wasn't getting commission on.

HalfShrunkMoreToGo · 21/10/2021 18:20

What incentive is there for you to close any sales in your last 2 weeks of working if you are not going to get the commission?

Interested in this thread?

Then you might like threads about these subjects:

Employment advice Families
Original poster
Foodgasm · 21/10/2021 18:41

@Nanananani

I’m in sales and got commission on everything that closed before I went on may leave. I think it is ‘discretionary’ though so if it’s documented as policy it will be a tricky one to argue. Your commission during your qualifying weeks should be included in your average income calculation for maternity pay though.
I can't remember reading that anywhere and it's definitely not part of my written contract.

When I go on holiday, I also still get the full commission on deals paid whilst I'm on holiday

OP posts:
MrsRobbieHart · 21/10/2021 18:45

So who gets your commission?

MrsRobbieHart · 21/10/2021 18:45

It’s sounds like sex discrimination.

Sparklfairy · 21/10/2021 18:48

When I go on holiday, I also still get the full commission on deals paid whilst I'm on holiday

It's really off then. So this has just been sprung on you with nothing in your contract?

If that's the case then it is sex discrimination. They're penalising you for being pregnant. How much money are we talking about you losing out on?

Palavah · 21/10/2021 18:51

We would definitely have differentiated between written and paid.

If they are sticky about this i wonder if they are trying to make sure you came back.

Original poster
Foodgasm · 21/10/2021 18:52

@Sparklfairy

When I go on holiday, I also still get the full commission on deals paid whilst I'm on holiday

It's really off then. So this has just been sprung on you with nothing in your contract?

If that's the case then it is sex discrimination. They're penalising you for being pregnant. How much money are we talking about you losing out on?

It really depends and varies from month to month . I get a certain percentage of every deal and my overall commission is uncapped, too. That means in a particularly good month I could earn a lot.
OP posts:
Bushkin · 21/10/2021 18:53

Will they ‘bank’ the commission to pay on your return?

How big is the company? They are treading on thin ice

Original poster
Foodgasm · 21/10/2021 18:54

@MrsRobbieHart

So who gets your commission?
The person who is assigned my customer account whilst I'm on maternity leave. So a colleague of mine.

After I return those accounts will be returned to me.

OP posts:
Bushkin · 21/10/2021 18:55

So if they close deals that haven’t been paid right before your return will you then get paid on those?

babouchette · 21/10/2021 18:56

I'd be contacting Pregnant Then Screwed if I were you, OP.

Sparklfairy · 21/10/2021 18:56

I would ask MNHQ to move this to Legal OP. I've never been pregnant so can't advise properly, but I have worked in commission sales and had an old job try and wriggle out of paying.

How long have you worked there? This all depends how much money you could potentially lose and whether it's 'worth' kicking up a bit of a fuss. Once you start using certain terms i.e. discrimination (or in my case, 'unlawful deduction of wages'), the dynamic at work can change permanently and they could make life difficult for you long term.

In my case, I'd already left so didn't care. Are you planning on returning full time after maternity leave or potentially leaving?

Original poster
Foodgasm · 21/10/2021 18:56

@Bushkin

Will they ‘bank’ the commission to pay on your return?

How big is the company? They are treading on thin ice

It's a big company with offices all around the world.

No, a colleauge of mine who takes care of my customer account will receive the commission whilst I'm away.

I find this very unfair as they wouldn't have put any work in to close the deals.

They just reap the benefits.

OP posts:
Mamamamasaurus · 21/10/2021 18:57

So your temporary replacement will gain from deals you've closed, just because you're going on mat leave? Does your replacement happen to be male?

Sparklfairy · 21/10/2021 18:58

The person who is assigned my customer account whilst I'm on maternity leave. So a colleague of mine.

That's a ridiculous policy and one probably created to save money on payroll.

MrsRobbieHart · 21/10/2021 18:58

Doesn’t sound right at all OP. I agree with contacting pregnant then screwed.

happytoday73 · 21/10/2021 18:58

Well looks like you will be having a very relaxed few weeks before you go on mat leave!

ImUninsultable · 21/10/2021 19:00

This happened recently with an estate agent. She sued them for that, and other things. They lost and had to pay up.

Its discrimination. This policy does not affect men at anywhere near the same level as they so rarely take a long length of parental leave.

I would point that out, and perhaps speak to your union.

Original poster
Foodgasm · 21/10/2021 19:01

@Mamamamasaurus

So your temporary replacement will gain from deals you've closed, just because you're going on mat leave? Does your replacement happen to be male?
Just to clarify, we are a larger team of men and women. My customer accounts will be distributed to the entire team and will be returned to me when I'm back.

I will have female and male replacement.

But yes, they will be benefiting, because I'm going on maternity leave.

OP posts:
Chilver · 21/10/2021 19:01

I think what's important is the definition of closed - do you mean deals that are closed with a signed contract or that perhaps verbally agreed but contracts etc still need to be finalised and then signed.

If the former, you absolutely should be getting that commission. If the latter, you should get a percentage of that commission with the remained going to whomever gets the contract signed.

I think they are on thin ice and potentially its sex discrimination.

Did they give you their reasoning for this decision?

SW1amp · 21/10/2021 19:04

As an aside, have a very close look at how they are calculating your mat pay

The first 6 weeks 90% bit is calculated by taking your 2 payslips when you’re around 25 weeks, adding them together and then halving them to get the monthly average, and then paying out 90% of that

If one of those payslips includes a commission month, it will bring up the average

They shouldn’t just be paying you 90% of your basic pay

There is a calculator on the gov.uk website which you can find quite easily so put your details in there with the exact amounts from your payslips and they should give you a spreadsheet/summary of your mat pay before you go
So you can check they aren’t going to short change you on that area either

Original poster
Foodgasm · 21/10/2021 19:05

@Chilver

I think what's important is the definition of closed - do you mean deals that are closed with a signed contract or that perhaps verbally agreed but contracts etc still need to be finalised and then signed.

If the former, you absolutely should be getting that commission. If the latter, you should get a percentage of that commission with the remained going to whomever gets the contract signed.

I think they are on thin ice and potentially its sex discrimination.

Did they give you their reasoning for this decision?

It's orders that are agreed to in writing and placed on our system. The only reason why the customer wouldn't have paid them yet is because they are either paying late or we agreed to payment terms with them.
OP posts:
Yellow85 · 21/10/2021 19:05

I’d definitely be asking for a copy of the commission plan. It should be updated and given to you each year with updated KPIs/targets etc. if that’s silence then if maybe be get some advice from acas or the likes. I know the John Lewis holiday pay case may not be relevant here but probably worth exploring the definition of ‘leave’ covered under that.

Does seem odd and likely discriminatory. I’ve only ever seen companies pay commission earned either up to date of Mat leave, or continue paying out commission at target throughout may leave (if risk averse).