A colleague is a mortgage consultant and engages the services of other self employed consultants to help generate buisess. He receives any commissions due, retains 25% and passes on the remainder to his consultants. If a client then cancels, he is laible for any claw back due but again passes this onto the consultant.
He has experienced a problem when the self employed ‘leave’ and a cancellation occurrs. If there are no futher payments due, he becomes liable for the claw back and is unable to recoup this fee from the ex consultant.
Does anyone work with this staff group & have any words they may be willing to share that he can put into some terms of engagement so the claw back can be recovered after termination of ’employment’? I wonder if this might be something a solicitor would be better placed to help with rather than HR?
many thanks
Alison Clark