Commission issue - mental health / working notice

[ItchyKondera]

I was hoping someone could give me some advice. I'll try and keep it brief
I work in a sale related job where we earn commission which is payed monthly for the previous month. I have handed in my notice to go to something new in the new year and have a 3 month notice which I am working.

In the last 12 months I've had various personal issues going on, stage 1 cancer, husband made redundant, brother going through medical test, parents both poorly, financial issues, and work stress which has resulted in me being diagnosed with anxiety cased by stress, and I was already on medication for post natal depression

My company are well aware of the mental health issues, and the health issues and pretty much everything else - I have never taken time off for any of this other than routine appointments.

My doctor wants to sign me off sick for depression / anxiety but I've never taken it as I need to be in work to earn money to help with the financial stress

As i am working my notice, we have decided that now is a good time to take some time off sick (all signed off with doctors notes) - I've made my employer aware so we can pre-plan, do hand overs as with Xmas holiday I won't be coming back after these couple of weeks off.

So... to the point of all this... I have been told they will pay my commission for December - unless I am signed off sick in which case they won't. This is worth about £1300 so not small change.
Their reasoning is that in our contract it says all commission is discretionary and they have no obligation to pay anything ever.

I'm pretty sure they can do this, and I can't afford to try and fight it, and we don't have a Union

Be good to know anyone's thoughts? Feels like a punishment for taking time off for mental health

But if you're off sick you won't earn any commission in December will you? Have I missed something?

As i am working my notice, we have decided that now is a good time to take some time off sick

You also say

Feels like a punishment for taking time off for mental health

^You have decided to take time off because you are on your notice period. Not because you need the time off because of your mental health.

I assume that the OP means they won't pay any commission earned in November while she has been working (the payment for November would be in the December salary?)

sorry i wasn't clear - my doctor has advised me to take time off for mental health / sign me off work.
I haven't done this before due to the pressures of work - but now I am working my notice and December is usually quiet the doctor said it would be good to use this time.
i DO need the time off for mental health, but have never taken it due to a high pressure job.

I get commission on the hours that contractors work - so usually I would get paid in January for the hours the work in December - this is what they are saying they won't pay as I won't be at work in December

Usually this would be paid if someone is off because of holiday, or sickness - but because I am working my notice they won't.

My contracted last day is early January

I’ve been in Sales for many years and worked for quite a few large companies
It’s not unusual for commission not to be paid if you are working your notice and I have had contracts that specifically stated this.
What does your contract say?

Does your contract say that you'll still get commission whilst on notice? Most commission/bonus payouts stop once you've handed in your notice.

It makes sense that you wouldn't get paid commission for December when you weren't there earning it.

So it doesn't matter whether you're off sick or not?

You're not getting commission while in the notice period?

Sounds unfair but guessing the company thinks it's reasonable

Is this legal ( disability law?)

So you've almost "booked" December off sick, because you'd normally have struggled through but as you're leaving anyway, you're going to take a rest?

While I can understand that you've had a lot on and you need a rest; you can't really "book" it like that, even if it was to let them prepare for you being off. It makes it look like you could cope if you needed too - you'd have been better to hold out until December and then go back to the Doctor to get signed off then, without the notice.

As it stands, I don't think you've got much chance of convincing them to pay a discretionary commission for a period that you're off.

Why would they pay you commission you haven't earned? That's the whole point of commission rather than a normal salary/wage, surely?

So you’re getting nov commission in December but not Decembers commissions? That sounds correct anyway if you’re not working it tbh.

Its in our contracts that commission is discretionary at all times.

With contractors working, I placed them months ago and we get a % of every day they work, a month in arrears. So at the end of December I'll get paid for Novembers time worked by my guys, then in my final pay in January it would have usually covered Decembers hours - the initial placement was done before my notice ages ago

If I was off sick and not on notice it would be paid.

I know it looks like i am booking sick leave - but I didn't want to phone in sick out of the blue and not come back, I wouldn't have done my handover, informed clients, and left people with a load to just deal with, however this is an on-going issue and I have the chance to plan for it and give my employer a heads up.

There was a possibility I would have had to have surgery for cancer and had 4 - 6 weeks off and would have planned that in advance too.