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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Aibu to sit on my arse and do nothing.

23 replies

ilovemydoggy · 11/12/2015 21:30

Me and Dh are in agreement that I do nothing in work for the last 2 months.

I worked bloody hard for the month of November and it was my best sales month since I've been at the company earning my company £16.5k commission. I've now been offered an excellent job opportunity at a different company which I have accepted. My notice period is 3 months which I'm currently 1 month in to and up till now I've still carried on doing sales and pushing my self to over exceed. Today I got told that as I have handed in my notice I will not receive any commission for previous months Angry. So would I bu to go to work and still do sales when customers ask me to (it's not they fault) but not to push any new business and try and link sale to other products. I've worked for the company 5 years and feel really upset the way I've been treated.

Sorry so long so aibu to just sit there and only do the business the customer asks for?

OP posts:
CocktailQueen · 11/12/2015 21:32

What does your contract say should happen in your notice period? That does sound crappy.

MrsLeighHalfpenny · 11/12/2015 21:33

Is that even legal? Check your contract. But no, YANBU. As long as the job offer is watertight.

Walkacrossthesand · 11/12/2015 21:33

Have you checked the small print of your contract? Doesn't seem right that they can withold pay you've already earned!

Original poster
ilovemydoggy · 11/12/2015 21:34

I can't find anything in my contract about commission. All it says along the lines of you have to hit £X commission for the company for you to earn any commission. Even on the terminational bit it just says you have to give 3 months notice. Which is a long time lucky I found a company who would wait for me.

OP posts:
MissTwister · 11/12/2015 21:35

Sounds a bit of a stupid company - surely they will lose more money by having you act like that than they would having you selling and paying you?!

DoreenLethal · 11/12/2015 21:36

Is the commission contractural or discretionary?

Ohorgodssake · 11/12/2015 21:36

If you're not going to get any commission on new sales from now on it kinda dissicentifies you doesn't it. I'd feel pretty pissed about it too. Do only what you have to do to assist customers and no more.

howabout · 11/12/2015 21:37

YANBU

Original poster
ilovemydoggy · 11/12/2015 21:37

It doesn't say Doreen. I'm gonna go over it tomorrow and look in detail at everything. But I checked today and nothing.

OP posts:
SummerNights1986 · 11/12/2015 21:40

That sounds pretty standard to me.

Both dh and I work in industries where we can accrue a bonus (so not commission as such but similar). You don't get paid any bonuses when you've handed in your notice, even when you've already earned that bonus.

It's shit, but happens a lot. If I were you i'd do just what you suggest...work the minimum you have to to keep people off your back but certainly don't bust a gut over it.

Original poster
ilovemydoggy · 11/12/2015 21:40

That's what I'm going to do ohorgodssake. It's not fair to take it out on customers. The thing is if I was that kind of person i could seriously loose the company tens of thousands pounds. But I'm not that type of person. I think it's going to be a iPad and Netflix for me for the next couple of months.

OP posts:
MrsDeathOfRats · 11/12/2015 21:50

Company I worked for before having DS had a no commission after notice clause. But you were paid every penny you earned up to the notice given date IYSWIM.

When anyone handed notice it was quite customary that any sales were handed out to their preferred colleague or direct manager (whoever was closet basically) so yeah, the noticee (made up word) basically did nothing for a month!!

was cushy for me though as everyone at my office loved me and would push their sale clients over to me

Ohorgodssake · 11/12/2015 21:51

And make sure you use up all your holiday entitlement too Op. It will make the time pass quicker! But don't do anything too reckless - you'll need a reference from them for your new and future employer. Good Luck in your new job.

Leelu6 · 11/12/2015 22:08

YANBU.

I worked for before having DS had a no commission after notice clause. But you were paid every penny you earned up to the notice given date IYSWIM.

That is ok i guess...although stingy, MrsDeath.

What you describe, OP, is unacceptable. How many months commission will you lose? i would speak to HR and raise and look at your rights online.

Caboodle · 11/12/2015 22:26

Depends on the contract but you could possibly have a case for unlawful deduction of wages. You need to go through your contract very carefully.

lorelei9 · 11/12/2015 22:38

I would look at your contract and speak to an employment lawyer if it's not crystal clear

to lose commission that you earned before you resigned makes no sense

surely what most people would do would be to resign at the last possible second - the reality being that no one would actually sue you for not working your full notice?

Look at your contract in detail, then think about speaking to an employer lawyer or CAB as first port of call. the only way I wouldn't take it further is if it's written there, crystal clear, that commission earned becomes non-payable on receipt of a resignation - which, if you signed, you may not be able to do anything about (though I don't know...it sounds a hugely unfair condition to me).

you should get every penny owed up to your resignation at the very least.

Original poster
ilovemydoggy · 11/12/2015 22:43

I will look through my contract properly tomorrow. Will post back here if I'm unsure and hopefully someone can help. It's 2 months commission so roughly £1200. I plan to give all my sales away where I can. Might as well help other people get they commission. I am so glad I'm leaving now.

OP posts:
lorelei9 · 11/12/2015 23:04

if you can't find anything comprehensive, I'm quite sure they can't enforce that condition. Probably first thing is, if you don't find it spelt out, go to HR and say "where is it in my contract that you don't pay commission accumulated when I resign". Because as I say, everyone would pick a different resignation date etc.

Ask HR, see what they say, then it might get sorted, but if it doesn't, then ask them for an explanation in writing which you can take to CAB or an employment lawyer. £1200 is no joke and they should not get away with this. Please update us, good luck Smile

Original poster
ilovemydoggy · 11/12/2015 23:08

Thank you everyone. Will update, but might need help before it gets resolved. My plan was to buy a new Tv & laptop as both are broken. ☹

OP posts:
justmyview · 11/12/2015 23:10

Check your household insurance to see if you have legal expenses cover. Employment advice is usually covered

Check terms of your contract. If this is in your contract, you may not like it, but there may not be much you can do about it

Remember that if your new job doesn't work out & you end up looking again, then you may need a reference from your current employers

Original poster
ilovemydoggy · 16/12/2015 20:01

Just popped back to update.

I checked my contract and couldn't find anything. Went to my manger who said its on discretion if you get your commission or not and our MD's have decided that you are getting it. I forward a letter up stating what I have done and on what basis have they declined my commission. Got a email today stating I will be getting commission up to the day my last salary and anything after that I forfeit. I'm happy with that so not too bothered about my last month. Just glad I get it before Christmas.

OP posts:
JapaneseSlipper · 16/12/2015 20:34

Thanks for the update and that's a nice result :)

Caboodle · 16/12/2015 21:38

Hooray! Sounds like they were trying it on hoping you wouldn't query it. Good for you.

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