Handed in my notice need advice

D

dutz

Registered User
Messages
22
Need a small bit of advice -

I currently work in a mortgage brokers and 11 months ago i drew down my own mortgage that i received commission for - now i have handed in my notice today and have been advised that they will be taking this commission from my basic salary - Can they do this?

nothing in my contract to say they can ?

Also to make things worse i will be put on gardening leave and wont be able to work for 1 month so if i dont get my basic salary i wont have any cash for my own expenses (mortgage, p/loan, bills)

Any advice would be appreciated
 
This is probably not that helpful but anyway......I don't know anything about mortgages but as regards garden leave, I was on this a few months ago and was paid as if I was still working there......
 
yep they will pay me but they are trying to claw back my commission from 11 months ago from this -
 
If there is nothing in your contract about this I would seek legal advice ASAP. I presume you didnt personally get all the comission from your mortgage so it was still business received for them and this does seem very unfair
 
i'd find it extremely hard to believe they can do that.
unless there's a clause in your contract saying commissions paid can be recouped if you tender your resignation i cannot see what legal footing they have to take the money back.
 
JJ1982 said:
If there is nothing in your contract about this I would seek legal advice ASAP. I presume you didnt personally get all the comission from your mortgage so it was still business received for them and this does seem very unfair
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unfortunately i received the full commission -
 
dutz said:
unfortunately i received the full commission -
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so basically this is going to eat your last months wages so. i think for tehm to do that, there would still need be something in writing with you agreeing to that.
 
shootingstar said:
whats garden leave?
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This is a policy whereby if you are leaving the company you are placed on leave for your months notice, rather than actually working. I think the reason for it is so that you cant copy the contents of you harddrive etc onto USB and sell it to the companies direct competition.....I thinks its great, as its not great to go directly from one job to the next, and this way you get paid too!! Epecially useful if you need to relocate as part of the job move, I spent the month looking for a gaff in Dublin to live in......
 
I would say no they cannot take it back from you, it was business "per se" that you brought into the company and therefore you would be entitled to receive commisson. I would let them know that if this is what they propose to do that you will seek legal advice immediately. Just make sure that there is no small print about this in your contract. I would get legal advice on this one......

As a question when do you normally get your commission is it when the loan draws down?
 
the month after the loan draws down -

just got word there that they made compulsory redundanceis so half of me is releived that i have a job but the other half is kicking myself cos i was there 2 years so would have been nice payoff
 
So you got a mortgage through the company you work for, and paid yourself commission on it ???

Seems pretty shaky ground to me. Ethics, fairness, conflict of interests etc. ?

I'm surprised you got it in the first place and now they realise that too so want it back....I can see their point.

Is there anything in the rules of your employment that states you may not conduct business for yourself or family members etc ?
 
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