Changes of Company's rules and Unfair Treatment

[newstart31]

The company has decided to implement an extreme change in the assessment of the sales team performance. Both myself and a Collegaue will be submitted to a disciplinary procedure on the ground of Capability should we fail to hit the target as this seems to be harder and harder to achieve based on recession and other factors clearly mentioned to the Business Development Manager.

The new joiner, only 6 months , on a reduced target, will also be affected but after.

However, we both have been with the comapny for three and two years and passed our probationary period. In addition, we only have between now and August to deliver before the disciplinary procedure in started. Our employer also has threatened us with disciplinary for not turning up early enough! Turning up at 5 or 3 to 9 am, when the contractual working hour is 9am till 5 pm ? Do we have a legal case against them ?

Thanks

[Sidewinder]

First of all you should look at your contract, together with any other documentation (company handbook) to see whether the action proposed is in line with what you have accepted as a term of your contract. Does your contract, for example, say that you will be expected to meet or exceed targets as set from time to time? Does it say that your continued employment is dependant on you meeting sales targets?

Basically, if you are employed in a sales role and that you are required to meet sales targets, then the employer can indeed question whether you are capable of doing the job. This must though be in line with policy and procedure, and you must have it explained in writing at each stage. Capability procedures, like an escalating warning system, should involve a clear process of having a written invitation to meeting (with a right to be accompanied), details of why the meeting is being called and what the outcome might be. If the person hearing the meeting decides that you are underperforming, you should be given a target for improvement and a date for a progress review. You should also be given a right to appeal at each stage. Only after a series of meetings, with improvement not being demonstrated, should the employer consider dismissal.

In principle, this course of action is fine - the company exists to make a profit and you are employed in order to help him sell merchandise to his customers. He must be careful however that the procedure is correctly applied, and moreover that the targets you are being measured against are 'reasonable'. Clearly (although he may well realise it himself) the fact that the country is in the midst of a crisis bordering on recession, is not going to cut too much ice. He is unlikely to revise his business plan too drastically downwards and may well consider that in order to keep the company afloat he needs to sell more. Unfortunately at times such as these it is very difficult to work in sales as you will be trying to get people or businesses to spend money which they don't have. How unrealistic are the sales targets? Have they actual gone up, or stayed the same? Are any other sales staff under the same pressure? Ultimately if you were dismissed and made a claim for unfair dismissal then the employer would need to satisfy the Tribunal that his actions were fair and reasonable.

Regarding the timekeeping, this is a contractual matter. You are employed under a contract which states that your normal hours of work are 0900 - 1700, and those are the hours required. Providing that you are actually working at 0900, and not still taking your coat off, making coffee or otherwise engaged then the employer cannot take action. We have had similar occasions in the past where staff were always in the building at their start time, but rarely in a position to start work. If phones go 'live' at a specific time, it is not unreasonable for an employer to expect staff to be ready to work at that time, so it may be neccessary to actually be on the premises slightly earlier. It is the same as at the opposite end of the day - you are paid to work until 1700, so the employer cannot force you to still be there at 1710. He can though take issue if you routinely stop working at 1655 so that you can get your coat on and be ready to leave at 1700.

[paulgmb]

Hi,
Have they put this in writing to you? If they have you need to state your objections in writing otherwise you will be deemed to have accepted any changes or reviews of targets etc.
A target is something to aim for and hopefully exceed. Are thesy based on past years performance or are they just set on a whim?
As long as you are working to your contract I don't think you have anything to worry about. This seems to be a scare tactic by your manager who in fairness is probably having the whip cracked on him by his manager and is desperatly trying to get you to work harder.
You could respond to his 'not getting in early enough' comment by asking what time he would like you in or how much extra pay will you receive by getting in at 0700 or 0800?!
You will only have a legal case if they take it outside of their internal processes which will be if they try and dismiss you, although there are other avenues you could consider like constructive dismissal, discrimination etc.
Regards,
Paul.