Unfair dismissal?

[needjobhelp]

My husband works for a small sales company selling a software product. When he started they provided spreadsheets full of data, ie companies to telephone. The product has a limited shelf life as there are only so many companies to call in that industry.

 

My husband and the sales team have asked over the last few months for more data as they are running out but they aren't given any any more. As a result of this they are not hitting target any more.

 

Recently new management has come on board who have made it clear that they think the current sales team are being paid too much. On top of this, they have found their jobs advertised online this month for between £5k - £10 under their current salaries.

 

The whole sales team has now been given official warnings but rather than on a monthly basis in line with their targets they're being judged on a 2 weekly basis. This means that they are looking at being out of a job by the end of December.

 

Is this grounds for unfair dismissal?

[becky2585]

Well firstly, your husband should definitely keep information about his own job role being advertised! If he didn't want to wait to be dismissed, he would have a good argument that his position in the company is now untenable as his employer has fundamentally breached the mutual bond of trust and confidence by advertising his job role, which could mean he could resign & claim constructive dismissal. He could also have an argument in any subsequent disciplinary process or dismissal that the decision was a foregone conclusion, therefore no impartial process could ever have been followed.

 

I presume that the company would be embarking on a capability procedure to try to dismiss him. It would be quite difficult for a company to reduce targets to a two weekly basis if a monthly basis had already been agreed - additionally, a capability dismissal should take a minimum of three months to be fair. He could be reviewed every month or every 2 weeks, but it shoudl still take at least three months intotal. He should be given a series of meetings with the employer, where he ought to be given targets to hit, giving time to improve his performance on a measurable level and only if he does not hit those targets should he be issued with stage warnings. It is highly unlikely that the company could move straight to dismissal or a final written warning without very good cause (which warning has he been given?).

 

That said - legalities aside, on a practical level, is there anything your husband could be doing to generate his own targets for sales rather than working with data lists that the company are no longer providing? Clearly if he is being more proactive, the company have far less of an argument that he should be dismissed.

 

Perhaps the best course of action at this stage would be to raise a grievance (either by himself or collectively with the other affected employees). There are no guarantees that this would achieve the desired result, but a Tribunal would expect to see an employee raise their complaint during employment wherever possible - particularly if he does go down the constructive dismissal route. A prudent employer may even put the disciplinary process on hold pending the outcome of the grievance - but this isn't guaranteed.

[daggersedge]

My husband works for a small sales company selling a software product. When he started they provided spreadsheets full of data, ie companies to telephone. The product has a limited shelf life as there are only so many companies to call in that industry.

 

My husband and the sales team have asked over the last few months for more data as they are running out but they aren't given any any more. As a result of this they are not hitting target any more.

 

Recently new management has come on board who have made it clear that they think the current sales team are being paid too much. On top of this, they have found their jobs advertised online this month for between £5k - £10 under their current salaries.

 

The whole sales team has now been given official warnings but rather than on a monthly basis in line with their targets they're being judged on a 2 weekly basis. This means that they are looking at being out of a job by the end of December.

 

Is this grounds for unfair dismissal?

 

Good gosh, this sounds something like the plot for the film Glengarry Glen Ross!

 

The whole sales team should get together and split the cost for legal advice as the company obviously wants to replace them with cheaper salesmen. They are trying to engineer a dismissal on the grounds of underperformance but they are going about it much too fast, and if your husband receives the right advice, he can turn it to his advantage.

 

Don't wait for the company to make the next move. Get advice now!

[needjobhelp]

Thank you both for your replies.

 

They told the team about 2 weeks ago I believe that if they didn't hit target they would be given warnings on a 2 week basis rather than monthly.

 

Instead of using data provided (which they did when they were exceeding target) they now spend time searching for leads. The problem is, in the industry that they're covering they have contacted all or most of the companies.

 

The whole team does believe that this is a foregone conclusion that they will be dismissed as my husband said last night that it is impossible for them to reach target.

 

When it became apparent that their roles were being advertised my husband emailed the company owner and expressed his worries and received the following reply. The person he suggests he speaks to is the Team Manager and he is the guy who has said that they're being paid too much:

 

Hi ***

 

Thanks for your email. I do suggest you raise this with *. As has always been the case, your job is never at risk if you are on target. We will not be hiring salespersons just to reduce the salary base. This is unethical, illegal and doesn't make business sense. However, you are all aware of the performance management process in place and of course a salesperson's job in any business is at risk if they under perform.

 

So, in essence, there is no issue if you meet you KPIs.

 

I hope this helps.

 

m