Employer Issues

[SWethers82]

Good Morning All,

 

I am going through some issue with my employer. I'll start by giving you a brief details. I've worked for them for 2 years in sales. I've had three different territories to look after since joining and have had three different managers. I've been looking after my current territory for 7 months now and have not always seen eye-to-eye with my manager. Yesterday, during a coaching session, he picked me up on something that I put down to an honest misunderstanding. However he chose to shout at me to the point which I had to politely ask him to not raise his voice at me as I was sat right next to him in a the quiet confines of a car.

 

The rest of the story is quite long, so basically I have three questions and wondered if anyone could help?

 

1) I had been off on stress leave throughout November due to family illnesses and grievances, mixed with work pressures. I had been told prior to my leave that I would be placed on a Performance Improvement Plan (PIP). At that point I had realised that I couldn't continue to juggle both personal and work issues at the same time, hence my sick leave so I could get myself back on track both mentally and physically. However, only a 2 weeks into my return I was placed on a PIP. Is there any rules or regulations against this considering I had only just returned from sick leave?

 

2) I have had two big accounts take away from me by my manager as he tells me they don't want me to visit anymore due to hard-selling. Now I'm a lot of things, including not a great salesman, but that's basically due to not being pushy enough and at times too "soft". That's why it makes the whole thing baffling to me. I have been told by management not to visit the accounts anymore. They are both retailers, not companies on private premises. Is there anything I can do to ensure that this is true and I'm not being strung along by management in an effort to push me out?

 

3) family have advised me to speak to HR in which I have agreed. However, should I contact them directly to air my grievances? Send an email to my manager air my grievances in a polite manner whilst copying in HR? Or should I ask to arrange a meeting with me, my manager and HR?

 

Your help, as always, is much appreciated.

[ericsbrother]

follow the grievance procedure laid down in your employment contract or employers general terms. Hr are facilitators and not your managers so you may find that the procedure is to formally complain to your manager's immediate boss or whoever is named as the point of contact if not them.

[SWethers82]

Thanks for your response. I've been called into a Disciplinary hearing.

I just need to know if the points mentioned above are substantial enough to make a serious case against my manager. Also, I can invite someone to sit in the meeting with me on my side, any recommendations as to what sort of person to take?

[ericsbrother]

With a disciplinary you can take a union rep or colleague (or lawyer if you really want to rub their backs up) and I would urge you to do so. they can take notes whist you talk and will provide another witness should things be raied in the future that werent noted by the official scribe.

I would suggest that if a union rep is not a starter then you take a colleague who is nt in your immediate managemtn line as that may produce a conflict of interest. Another sale rep would be good so they know the job and what is required.

[Emmzzi]

With a disciplinary you can take a union rep or colleague (or lawyer if you really want to rub their backs up) and I would urge you to do so. they can take notes whist you talk and will provide another witness should things be raied in the future that werent noted by the official scribe.

I would suggest that if a union rep is not a starter then you take a colleague who is nt in your immediate managemtn line as that may produce a conflict of interest. Another sale rep would be good so they know the job and what is required.

 

you cannot take a lawyer into an internal procedure unless they are also a union rep or employee of the company, or you have permission. Which would be unlikely.

[BazzaS]

What are you looking for as an outcome?

Do you think they would be able to say you aren't capable of performing your role without a Performance Improvement Plan?.

 

If you've been off sick that doesn't preclude them saying you aren't capable, especially if the PIP is to "help you achieve capability".

 

Are you facing a capability hearing or a disciplinary?

If a disciplinary ; what is the alleged misconduct?

[SWethers82]

Morning all,

 

The only problem with taking a colleague in is that the Regional Manager would be there and given the amount of "brown-nosing" there is, they would be unlikely to raise any concerns whilst he is present.

 

The PIP was to hit all my targets over the last 3 months as I had struggled to do so over the last 6 months. It's a disciplinary hearing I've been pulled into.

 

As an outcome I'd like to get a settlement if they want me out. I feel my relationship with my manager is pretty much irreconcilable as we don't see eye to eye on many things.

 

What favours (if any) can I take from the fact that he shouted at me in the middle of a street two weeks following my return?

[ericsbrother]

what did you do or say about the shouting at the time? It can be classed as assault but if you did or said nothing at the time raising it now will carry little weight

[SWethers82]

I didn't report it at the time as we resolved the matter at the end of the day. I don't feel that the fact I didn't report it should be an issue. The reason I didn't report it was that I was afraid it would cause a divide between me and him, although it appears to have done that anyway. I have the time and dates that he shouted at me in an aggressive manner and (knowing him) I doubt he'll deny it as that would be out of character for him.

 

Do I have any rights to request evidence that the two accounts (that have been taken from me) have really complained?

[ericsbrother]

then there is b**ger all point in raising it now as you accepted it was dealt with at the time.

As for the second part, try speaking to the people you dealt with at the companies in your area and ask them simply if there was anything wrong with how you handle their accounts. Say it is just for personal feedback as you are looking at methods of improving your delivery. Include the 2 companies that have supposedly complained

If you mention anything about disciplinaries or grievances then you wont get an honest answer and you could get into a shed load of trouble so you have to be very careful how you approach this. Og course you can request some evidence of complaints