Is anyone up on employment law????

[bobmac]

I hope you get it sorted and good luck with the new job

 

[chrisd]

I have mate.
My old sales manager (who I got on with really well) has offered me a place at the Peugeot dealer he has moved to.
Slightly higher basic wage and the commission structure is better.
I will be sorry to leave Nissan, and I am giving up 6 years of customer base and product knowledge for a step into the unknown with Peugeot.
Just a shame I've been put in this position by an ******** of a new manager.
One guy has left already and the remaining two lads are not happy.
But senior management, as usual, can't/won't see the bigger picture.
I don't want to go down the complaints route, it's just easier to say bugger it and move on.

You need to be happy at work and moving on looks like you'll achieve that, best wishes!

 

[Val]

That's what I'm prepared to do.
But if they decide they don't need/want me there and effectively release me early, I won't have much choice in the matter.
I can't physically refuse to leave the premises.

I get that too, tough one. I suppose a lot will depend on your relationship with the company.

Best of luck pal.

 

[Tashyboy]

Hope it went well with ACAS, I have dealt with them once and quite frankly thought they/he was flippin useless.
Talking to my neighbour yesterday morning, she was ready to pack in her managers job because her area manager was a plank. Apparantly she was going to be the third in three weeks to go and she was asked what was goin on. She told them and said area manager has been put back in his old managers job. She said it is Karma.
short term / 1 month it may be crap, but long term = happy days. Good luck me man.

 

[londonlewis]

I work in recruitment so not entirely unrelated but I am not an expert.
My gut instinct is they would not have to pay you a penny for anything you haven't completed. There is no guarantee they are going to complete.

 

[Smiffy]

I work in recruitment so not entirely unrelated but I am not an expert.
My gut instinct is they would not have to pay you a penny for anything you haven't completed. There is no guarantee they are going to complete.

I am paid in arrears on commission anyway, so it would be evident that they have completed before they pay out?

 

[GB72]

I work in recruitment so not entirely unrelated but I am not an expert.
My gut instinct is they would not have to pay you a penny for anything you haven't completed. There is no guarantee they are going to complete.

My thought is that the position here would be different in that, from my understanding, Smiffy would be on Garden leave when the deals complete and thus still and employee. Different if he had left the employment of the company. Garden leave is enforced holiday and, as such, my thoughts are that the entitlement would be the same as if he were simply off on holiday when the deals completed.

 

[londonlewis]

My thought is that the position here would be different in that, from my understanding, Smiffy would be on Garden leave when the deals complete and thus still and employee. Different if he had left the employment of the company. Garden leave is enforced holiday and, as such, my thoughts are that the entitlement would be the same as if he were simply off on holiday when the deals completed.

Makes sense.

Smiffy - you need to negotiate this upon being offered gardening leave. It is a company's decision to put you on gardening leave, not yours and they are therefore committing to pay you for your notice period. But you need to get this in writing. Don't just take someone's word for it as they can't really be held to it.
But if you have them write down something like 'you will be paid commission for any of your deals that go through whilst you are still an employee, whether on gardening leave or not' then you should be able to cover your back.

 

[Smiffy]

Have spoken to my General Manager this morning. I will leave here on the 31st January, despite my "actual" finishing date being 4th Feb. This will give me a few days to get my head around the changes before starting my new job on Monday 6th.
He has assured me that I will be paid for all deals delivered up to and including my last day.
I didn't have any cars planned for delivery between the 31st and the 4th anyway so all's well that ends well.
Thanks for all of your input and support much appreciated.
Rob

 

[SocketRocket]

Have spoken to my General Manager this morning. I will leave here on the 31st January, despite my "actual" finishing date being 4th Feb. This will give me a few days to get my head around the changes before starting my new job on Monday 6th.
He has assured me that I will be paid for all deals delivered up to and including my last day.
I didn't have any cars planned for delivery between the 31st and the 4th anyway so all's well that ends well.
Thanks for all of your input and support much appreciated.
Rob

Good Result.

 

[Tashyboy]

That's is probably as good an outcome as you could expect. Leaving by shaking hands may well leave the door open for you if it goes tits up in your new job.

 

[user2010]

Have spoken to my General Manager this morning. I will leave here on the 31st January, despite my "actual" finishing date being 4th Feb. This will give me a few days to get my head around the changes before starting my new job on Monday 6th.
He has assured me that I will be paid for all deals delivered up to and including my last day.
I didn't have any cars planned for delivery between the 31st and the 4th anyway so all's well that ends well.
Thanks for all of your input and support much appreciated.
Rob

Did you get that in writing?........

 

[Smiffy]

Did you get that in writing?........

No. Despite my ramblings I trust him.
And we are going to go through my commissions together on the 31st so I know what I've got coming

 

[bladeplayer]

Good Result & Best of Luck with new job , how ya think the Brexit thing will effect the car sales over there Rob ?

 

[Smiffy]

Good Result & Best of Luck with new job , how ya think the Brexit thing will effect the car sales over there Rob ?

Have absolutely no idea to be honest. I know that Nissan have been ticking along reasonably well, I am under no illusions that it might be a bit "harder" with Peugeot but they have a better used car selection where I am going and we also have the Nissan franchise about 12 miles away in another showroom within group so if any of my old customers pay me a visit () I will be able to get them a new Nissan too.