Possible discrimination maternity pay, any lawyers about!

[Imknackeredzzz]

Hi all,

I’ll try not to bore the pants off you, however I summarise.

I’m an estate agent, and have recently had a baby. I am a manager within the company and have been with them over 10 years - one of my less senior colleagues has also had a baby.

When I was off on my leave, I was told that I was not elegible for my commission whilst on leave - only the statutory maternity pay - as they couldn’t afford to pay it. Fair enough.

However I have since found out my colleague (less senior and worked there half the time) is getting her own personal commission built up prior to going on leave! She told me herself when I asked as she was saying some things that made me question this.

To avoid confusion I am paid a guaranteed salary in lieu of my commission whilst my department was being built up ( it has only been going a few years) as the commission generated would take a while to be decent.

My colleague works in standard sales and so is paid a personal commission as her department has been going for over 100 years and is doing obviously very well.

However I generate and have generated a lot of commission for the office and am
Getting nothing for it, whereas she is!

What do I do? Do I have a legal leg to stand on here?!

Please let me know if you need any more info or any thoughts

Thank you!

Anyone?

You probably need to take advice from your union rep (if you have one) or from a solicitor. This is AIBU. It’s very unlikely anyone here could give you accurate / helpful advice without seeing your contract and knowing the full details.

What does your contract say that is different to hers?

Hello, I’m an employment lawyer.

This is a difficult area. When employees are on maternity leave, they are entitled to the same benefits, but not the same remuneration.

The question is whether the commission is paid as a type of bonus, or whether it constitutes “normal remuneration”.

If it is normal remuneration, you aren’t entitled to it. If it isn’t, you are.

You could raise a grievance about the disparity in treatment, but with pregnancy discrimination claims you can’t legally compare your treatment to anyone else - the question is whether you personally were treated unfavourably as a result of being on maternity leave.

Thanks MrsPinkCock!

Bugger it looks like I can’t do anything then! Totally and utterly unfair - I’m apoplectic with rage!

Are you sure it is not that her pay has been worked out as an average over three months (therefore including commission and her wanting to build it up) whereas your commission is built in to your monthly salary? if it is this, I don’t really see the problem- pros and cons to both types of employment terms.

Hi Flossietoot

On speaking to her no it hasn’t! She will get commission for the total length of her leave whereas I will get diddly squat.

I would check the precise terms of the commission scheme. My guidance above is a very simplistic view of the law whereas it could be more complex than that!

If it’s commission you’ve already earned due to your work actions prior to going on leave then I fully understand why you’re upset they are choosing not to pay you - mainly because if the only reason you aren’t getting paid is the fact you have taken maternity leave then they probably should pay it!

However what’s unclear is whether you are still being paid a sort of salary in lieu of commission at this point, in which case that would probably constitute normal remuneration as above.