Feel bullied, stressed upset - constructive dismissal?

[BlindApproach]

Desperately Unhappy, bullied an need help - Contructive Dismissal? I hope someone here can offer me some advice as I am at the very end of my teather, sanity & nerves!

Background

I am a Sales Manager for a company, who constantly achieves well over 100% of my targets, infact I achieved 150% last month and have achieved over 100% (sometimes 200%) of my set and agreed targets for each of the next three months already!

This is going to result in at least 5k per month being paid to me in commissions - which sounds great on the surface!

My company was taken over several months ago, and I remained in position as Sales Manager. The company that bought us out bought the 3% of shares I hold in the company from me in return for a share of a large bonus for reaching a profit target for this year.

Despite my over achieving the parent company have decided that they want far more than I have already achieved, and in effect have decided I am not selling enough, and I am getting pretty much lambasted left right and centre for not achieving more - infact what they want is more than double the existing targets I have in place to the tune of a monthly level only ever achieved twice before in the history of the company.

I think a lot stems from me earning such a large amount and the parent company only sees the bottom line - which includes a chunk of money going to me! I am convinced that they are engineering a way to get rid of me.

Aside from this I have also been given all marketing activities to complete in order to build the pipeline to a level where this amount of sales can be made - which takes up about 50% of my time. I am not trained in Marketing and it's distracting me from the only thing I am ultimately judged on - my sales figures.

2 years ago I was Sales Executive, and worked under a Sales & Marketing Director. He was sacked (and subsequently secured constructive dismissal with a compromise agreement).

Then the target was 70,000 per annum. My official target now is 72000 per month - the parent company arent happy without £200000+ per month although this target isnt written down anywhere.

I am desperately worried that they want me out before I receive the commission I am due over the next 3 months (15k plus). I am completely overworked with the tasks I have become responsible for n the marketing side, and have even lost the sales meeting room completely so I cant effectively invite clients to our offices, which due to the nature of the job and what I sell is the best and only way to sell our service

Does anyone know if any of this constitutes constructive dismissal, or what I should look for within this that would?

One last bit of info - my contract states that the targets will be reviewed annually, orally the official target was confirmed by my MD a few months ago, and the new contract (post buyout)is not yet 6 months old, so would any change in target in the next few months constitute a breah of contract and therefore constructive dismissal?

Sorry to bore you all, I am really literally breaking down over this.

[Bigmac versus]

Hi blind approach whilst I am not able to help you on this I can see how your getting stressed out by it all, will see if I can ask someone with more experience to have a look for you.

[BlindApproach]

Originally Posted by Bigmac versus

Hi blind approach whilst I am not able to help you on this I can see how your getting stressed out by it all, will see if I can ask someone with more experience to have a look for you.

Bigmac - that would be hugely appreciated - i cant even thin straight at the moment!

[Bigmac versus]

Have asked someone to have a look, may be tom now at this time but do check back and keep your chin up.

[BlindApproach]

i'll try - thanks so much, i cant express how stressed i feel at the moment

[Miss_Dior]

sounds very familiar.. I am sure youll get good advice here. Employers really do hack me off!

[Ell-enn]

Hi there, first of all it sounds like you are being pushed too far in respect of sales aspirations - it happens all the time in your field of work and while I say it is common - it doesn't make it right. I have, in the past, had to defend some of our sales managers when the Sales Director or MD have exerted unrealistic sales pressures.

I need to ask a few questions before we go any further - do you have any written targets against which you are measured?

You mention a new contract? was this signed after the takeover, and if so - how does it differ from your old one (it shouldn't disadvantage you in any way).

If you can answer the above I can advise better.

Kind Regards

Ell-enn

[BlindApproach]

Hi Ell-en, thank you for your response.

I have targets confirmed in an email, which dates back to Oct 06, furthermore I submit a spreadsheet with sales listed, the target stated and a percentage figure achieved on a monthly basis which is approved by my MD prior to payment of commission, so the actual and previously agreed target of 72000 has been approved every month since, and still is on a monthly basis by the MD

My contract is post takeover (Sept 07), and I don't believe it disadvantages me - it only states that the target will be reviewed and agreed annually.

[BlindApproach]

i should say that no review has taken place on paper. A conversation with MD confirmed to me a few months ago - before all the pressure - that the current target and comm structure would remain for the forseeable - does that constitute an annual review?

[Ell-enn]

Hi there, firstly - you cannot be challenged for not achieving targets which are not clearly defined in writing. You can only be measured against written and agreed targets. Providing you are achieving what you have agreed in writing you should not be subjected to undue pressure to exceed these targets. It could be argued that the company, while setting achievable targets, expects you to exceed them but this can only be seen as an added "extra" not the norm.

I would advise you to write to your manager asking for a meeting to clarify what the agreed targets are as you are finding it difficult to cope with the confusing information you have been given. Make sure you take notes with you of what you want to say, and also make notes of what is said at the meeting.

Also, if you feel the situation at work is making you unwell you must visit your doctor, your health comes first. The company will have to change the way they treat you if the pressure is affecting you to the extent that you are unwell and this may result in you bringing a formal grievance if you cannot get satisfaction from the meeting with your manager.

Kind Regards

Ell-enn

[BlindApproach]

Ell-enn, again thank you for your reply - talking helps

I have raised some concerns with my MD about meeting these fuzzy targets without the resources, but I don't feel supported. At least two of the Bosses at the parent company come to me directly on almost a daily basis putting pressure on me directly via email by delivering extra tasks etc that is taking up all my time.

Another factor is that part of the buyout process involves a bonus payment to previous shareholders from the parent company for achieving this 'extra' amount resulting in an 'x' ebit figure, so I am required to reach this in order to secure the personal wealth of the people involved. I am also due this if we reach it, but i couldnt care a bit to be honest because of the damage it is causing me personally.

[Bigmac versus]

Thx Ell-enn, you are in good hands now blind approach.

[Ell-enn]

Hi there, the main concern I have is the effect this is having on your health. Employers have a duty of care in that they must not place unreasonable demands on employees. If you feel that they are being unreasonable, you must insist on a meeting to properly clarify your targets (all of them) both financially and time wise, and ask them to put in writing only that which you agree on. There is no point in identifying targets which will set you up to fail.

As I said before you cannot be disciplined for not doing something which is outwith your remit, or is an unreasonable expectation. In actual fact, because you have been stretching yourself to meet their expectations, they may not be aware how it is affecting you?

If you are being pressured into taking on additional tasks which you cannot reasonably be expected to fit in with your normal work you should say so and ask for extra help. It looks as if they are getting an awful lot for their money where you are concerned.

Try to keep calm and write down everything that you have a concern about, it will help you to structure the meeting to your advantage.

Request the meeting and let us know how it goes.

Kind Regards

Ell-enn

[cal37]

Make a note of all times/dates that you have been put under pressure, note by who and if there were others present. This will help you in any grievance meeting if it comes to that.

I think you need to put on record ASAP that your health is being affected by the extra pressure. Main thing to remember is everything in writing.

[BlindApproach]

thanks guys, maybe i should visit the doctor, but i am worried he'll try to sign me off - i dont know how it works!

I am worried about my health and so are those around me. I have had a few panic attacks when on my own recently (i think they are anyway) which cant be good for me and am suffering from headaches - dont laugh but i swear the tip of my nose has started pulsing when i am stressed!!! Im normally confident and strong, so its slightly embarrasing. I have started having trouble talking to people - even people i know without feeling paranoid at times! its all rediculous for a grown man!

I worry about getting sacked, not being able to work for another company in the same industry for 6 months (contractually), which is the only industry i know, and losing the home for my wife and daughter. It's horrible!

Its all such a shame as i love my actual job and am extremely good at it - i saw this as and hoped this was a job for life and i hope things can turn around.

Thank you for your advice and concern at a time when support is very valuable to me.

I'll record everything as you say and see how things develop.

thanks again

[cal37]

BlindApproach, Please get to your doctor today, let him sign you off for a few days, take a deep breath and get theses letters in.

No job is worth your health. Lets assure you, the company can not legally sack your for this, also I think it’s very unlikely they would even try.


Your really must let the company know what this is doing to you and going to the doctors will only help you.

Do not worry too much; we are here to help you. Take care of yourself.

Cal