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HR Legal advice Ple...
 

[Closed] HR Legal advice Please... getting rid of dodgy staff

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Look - the OP realises the situation hasn't been handled well, he doesn't want a character assassination, just some sensible suggestions on how to deal with it.

With all due respect, shouldn't the sales manager already be up to speed on this type of thing, it's not that hard.


 
Posted : 09/11/2012 10:03 pm
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"This chap has come from a competitor with 20 years experience, he's no newbie to this game."

This is your problem, he's a dinosaur and is doing what he has always done in his comfort zone. KPI's are there for your protection as much as the sales guys. If they can't or don't understand this, it forms part of their basic employment contract for my guys. Any of my guys would have been taken down disciplinary by now unless there is a valid reason.

I support everyone as far as i can, but ultimately there is a job to do. He's paid as a professional, so you expect this in return. Manage him out of the business or you'll suffer as a result, unless you have no other option but to keep him.


 
Posted : 09/11/2012 10:17 pm
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Manage him out of the business

I'm not up to speed on the latest business lingo, so what exactly, this dinosaur is wondering, does this mean?


 
Posted : 09/11/2012 10:22 pm
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Chicken wire, concrete... You get the picture..


 
Posted : 09/11/2012 10:23 pm
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It means make him want to leave, but try not to get sued for constructive dismissal. And it is a ****'s trick. Luckily, most people who sink to trying it are bad at it.


 
Posted : 09/11/2012 10:24 pm
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So it is constructive dismissal then.
Surely the solution should be positive.
1st meeting to identify what is going and why.
Address these problems and then give it time to see results.
Maybe the employee feels there isn't enough support or training, maybe the micro management makes them uneasy or even something else entirely.
2nd meeting to assess progress and offer more support to achieve results, I mean both sides want a positive result don't they and the employee has 20 good years behind him or the new company wouldn't have employed him, no?
IIRC this would then lead to the third meeting which would be D-day, at which point the training/support/environmental improvements will be in place in which case the employee goes on as a valued employee to enjoy a successful career or another, more suitable position is found for him.
Simples.


 
Posted : 09/11/2012 10:30 pm
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...which should all have been done a long, long time ago.


 
Posted : 09/11/2012 10:37 pm
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more suitable position is found for him.

Police commissioner ?


 
Posted : 09/11/2012 10:38 pm
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...which should all have been done a long, long time ago.

Well, yes, but c-g is having a downer on negative posts and it's not to late to start the process. Better than spouting on about KPIs and dressing up constructive dismissal. 😉


 
Posted : 09/11/2012 10:41 pm
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[i]Well, yes, but c-g is having a downer on negative posts and it's not to late to start the process. Better than spouting on about KPIs and dressing up constructive dismissal.[/i]

Aaaaaaaaaaaaaaaaaaaaaaaaaah.

Yes, ok, point taken.
Better to do it right a bit late rather than do it wrong now. 🙂


 
Posted : 09/11/2012 10:44 pm
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Geordie mick in your profile you give your full name also your location, so easy to track down the company you work for isnt it, i think a new job may be on the cards for you .

But thats just my opinion and it seems a few others share the same view.


 
Posted : 09/11/2012 10:50 pm
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Better to do it right a bit late rather than do it wrong now.

I'm quite interested in how the guy has been successful, and I assume successful, for 20 years then suddenly gives up. The other side would be interesting to hear.
As for being a dinosaur, I aspire to being a [url= http://en.wikipedia.org/wiki/Alex_Ferguson ]dinosaur[/url]. 😀


 
Posted : 09/11/2012 10:51 pm
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It seems to me that if you just sack him with little or no grounds then he has to fork out £20,000ish, which he probably hasn't got, to try and gainsay you through a tribunal. The world is run by fascist capitalist scccccccc afterall....so just sack everybody....and don't worry your pretty little head about it.

And make sure you sack your solicitor and all. He/she sounds useless.

Sack yourself.....then you won't have to worry anymore


 
Posted : 09/11/2012 10:53 pm
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40K a year and you say he broaght in over £300K sales last year? Sounds like he is making the company money so whats the problem


 
Posted : 09/11/2012 10:59 pm
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40K a year and you say he broaght in over £300K sales last year? Sounds like he is making the company money so whats the problem

I imagine they work to quite tight margins [s]in wholesale[/s]. I should think a reps costs a company somewhere in the region of 70k a year to run.


 
Posted : 09/11/2012 11:04 pm
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If he can do the job, but can't be arsed, manage him out of the business on conduct.
If he can't do the job, throw in some training and get rid of him through capability.

Good luck also with advice on a public forum !


 
Posted : 09/11/2012 11:22 pm
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So glad I don't work in sales any more. it's like selling your soul to the devil while he rapes you, your mother and your wife (in no particular order) without cleaning himself in between.


 
Posted : 09/11/2012 11:27 pm
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I've just emailed you a shameless plug for the HR consultancy that my wife has recently set up. We're fairly local to you too.


 
Posted : 09/11/2012 11:31 pm
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So it's taken twelve months to figure out that this guy is not up to par? How did he pass the probationary period stipulated in his contract of employment?

Micro-managing the guy and breathing down his neck could easily backfire. You also have an obligation to allow a third party (nominated by the employee) to attend the disciplinary meeting too - it might pay to make him aware of this, especially if you suspect he's susceptible to stress.

Perhaps setting him a turnaround target as other posters have suggested is the best way forward? If you meet with the guy every few weeks during this time forward, you might be able to help him figure it out. After all, he's got twenty years experience, you might even make a model employee out of the guy. But you do need to explain to him that you're trying to help him to improve his performance.


 
Posted : 09/11/2012 11:40 pm
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There was me setting up my account to use this forum - and then I read this. You lot are unbelievable. I know this is the 'chat forum' but do you all have to be so boring, vindictive and juvenile? Here you are, talking about someones career in public, not by name but in what is probably a libelous manner - what happened to employer employee confidentiality? And then I read "Everyone working in the public sector is "f*ing lazy"? Thats the most hilarious thing I've ever read. If this thread is in any way representative of this forums users... I won't even bother using my account.


 
Posted : 09/11/2012 11:51 pm
 tyke
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To be frank you need to get rid of him quick. Give him a POGO (perform or go) plan. As said before as give him a minimum a quarterly revenue target and review his plan to hit the target as part of the weekly review. If he's experienced he will know that the writing is on the wall and will jump before he's pushed.You need to formally notify him of that his failure to hit his previous target is concerning and the company cannot afford for this to continue hence the need to have a more defined process for analysing his performance.

You need to set targets for appointments, pipeline review (i.e. is he progressing his opportunities) and review weekly. You need to be quite blunt and say that you will be accompanying him on calls, not necessarily all of them but at least a 1/3rd of them, to coach him and identify why deals aren't happening (also to make sure he's going on them). Get him to copy you on correspondence with prospects, customers to make sure he's doing what you expect him to do. He may object but as he's so far short of target drastic action is called for to protect the company's position.


 
Posted : 10/11/2012 12:41 am
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to coach him and identify why deals aren't happening

Nothing like trying to teach your gran how to suck eggs. 😆


 
Posted : 10/11/2012 12:50 am
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[quote=nukeproofriding ]There was me setting up my account to use this forum - and then I read this. You lot are unbelievable. I know this is the 'chat forum' but do you all have to be so boring, vindictive and juvenile? Here you are, talking about someones career in public, not by name but in what is probably a libelous manner - what happened to employer employee confidentiality? And then I read "Everyone working in the public sector is "f*ing lazy"? Thats the most hilarious thing I've ever read. If this thread is in any way representative of this forums users... I won't even bother using my account.
If you're upset by this thread, don't bother hanging around....


 
Posted : 10/11/2012 1:05 am
 grum
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If this thread is in any way representative of this forums users... I won't even bother using my account.

Um.... lots of people have pointed out (rightly IMO) how unprofessional and inappropriate it was to even start this thread.


 
Posted : 10/11/2012 1:08 am
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he doesn't want a character assassination, just some sensible suggestions on how to deal with it.

The answer is to go and ask a grown up.

First stop is with the inhouse lawyer, but if they're not up to the task, then buy in some legal advice. It'll be awful lot cheaper than this train wreck is otherwise going to turn out to be.


 
Posted : 10/11/2012 1:24 am
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If you're upset by this thread, don't bother hanging around....

Probably wont.. 80% of the topics are about 'old age' operations people have had, how they can save weight for their 'race season' on their on one hardtail or about problems at work. Not my sort of bike forum clearly.

Um.... lots of people have pointed out (rightly IMO) how unprofessional and inappropriate it was to even start this thread.
I didn't feel I was flogging a dead horse by writing my opinion... so I did. Is that a problem on this forum or?... And if you agree then why is there an issue?


 
Posted : 10/11/2012 1:34 am
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Hmm. This is an accusation that gets thrown around a bit too often on here, but I wonder who else Nukeproofriding is?


 
Posted : 10/11/2012 1:40 am
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[quote=nukeproofriding ]
Probably wont.. 80% of the topics are about 'old age' operations people have had, how they can save weight for their 'race season' on their on one hardtail or about problems at work. Not my sort of bike forum clearly.
See those buttons for "Bike Forum" and "Chat Forum"? You can use those to filter out most of the stuff you aren't interested in.


 
Posted : 10/11/2012 1:41 am
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Northwind -

Hmm. This is an accusation that gets thrown around a bit too often on here, but I wonder who else Nukeproofriding is?

'Who else I am'? What does that mean? Anyway, on topic, OP should take this travesty of a post down and quit his job. Do you all work 10.30 to 4.30 jobs in a council office? Apparently all of us in the private sector are lazy ****ers and no one seemed to take offence to that, so you must all be on cushy wages with holidays coming out of your ears and no connection to the real world.


 
Posted : 10/11/2012 1:46 am
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I didn't take offence because I don't even work 😆


 
Posted : 10/11/2012 1:49 am
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20 years doing the same thing year on year rather than 20 years of business development and doing new things. Sometimes this is a good thing if he's doing it right, but it depends how those skills transfer to the new job.

My previous post was out of line. You really need to try and help the guy to get him to improve. Generally first year, will always be tough, so point him in the right direction and work with him to see where it goes , he might just need a bit of time to get out the cycle he was in previously.


 
Posted : 10/11/2012 9:10 am
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only read page 1 so far but a few replies...

1) I've only been his manager for two months, him bumbling about for last twelve months is because we work for a small family firm who believed that when they took him on they should feel that someone of his age, experience and calibre should be capable of getting out of bed in the morning and doing a days work, without someone having to call him, get him out of bed and chase him out the door.

2) He won't find it on here, there's no link to my employer in my profile and this fella has absolutely no chance of finding this.

3)Why should I resign from my job?? I've come on here for opinions as the company I work for have left me in a position because their 'old family firm' of solicitors have left me in a position where they won't give an opinion either way. I thought that the plethora of STW armchair lawyers would have come up with something but instead, just like when someone posts up about BMW, Audi etc the envy mongers come out of their cave's and start getting personal because they got shit jobs and drive shit cars.......


 
Posted : 10/11/2012 9:12 am
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2) He won't find it on here, there's no link to my employer in my profile and this fella has absolutely no chance of finding this.

Do you work for an electrical wholesaler?


 
Posted : 10/11/2012 9:24 am
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As a sales manager myself, I fully sympathise, especially if you've inherited this guy.

I'd suggest he is suffering standard sales burnout.

Put together a performance plan with clear 2 way objectives and very clear timescales to turn things round, make them achievable goals so you can't be hit for constructive dismissal, then let it run it's course.

If you want, I have a number of very good bits of paperwork I use for stuff like this that I can send you.

Oh and check out Sean McPheat's sales training and management site. Lots of very good resource there.

Let me know if you want any direct advice!


 
Posted : 10/11/2012 9:30 am
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wow-- OP-- knickers are twisted there, fwiw, i ride bikes, cars are not important, shit job-- don't deal with them--

as for you and your 'problem'-- best to deal with it in a professional manner.


 
Posted : 10/11/2012 10:42 am
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Do you work for an electrical wholesaler?

No, he does not. I'm no internet stalkervthis is from a thread that he started recently:

I'm a sales manager for a company that installs medical gasses and alarms behind beds in hospitals

Further to this, your name, location etc are all publicly available. I'm not sure what motivation people would have for this, but the internet can be an unfriendly place and it wouldn't take much for someone to connect the dots and you end up in a very awkward position..

Really, it is time to pull the thread.


 
Posted : 10/11/2012 10:43 am
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Agreed. I appreciate that the OP has been lacking support from his management and because of that he's reaching out for advice on here, but it would be best for his sake if the OP takes what advice has been given and has the thread removed.


 
Posted : 10/11/2012 10:52 am
 grum
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2) He won't find it on here, there's no link to my employer in my profile and this fella has absolutely no chance of finding this.

It doesn't matter, it's still totally unprofessional.

just like when someone posts up about BMW, Audi etc the envy mongers come out of their cave's and start getting personal because they got shit jobs and drive shit cars.......

Oh dear.


 
Posted : 10/11/2012 10:59 am
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Do you work for an electrical wholesaler?

Oh can I reveal some information about you?
Glass houses and all that

just like when someone posts up about BMW, Audi etc the envy mongers come out of their cave's and start getting personal because they got shit jobs and drive shit cars

You had my sympathies OP but frankly now I dont see how anyone can help you

You have had some unfair grief on this thread from folk but really 🙄


 
Posted : 10/11/2012 11:10 am
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To be fair, you do come across like a massive, massive cock.

I want to rip him a new arsehole and send him home on the train on Monday with his notice in his pocket and a week's compensation for not having access to his company car

It's little wonder he's taking the piss out of you.


 
Posted : 10/11/2012 11:16 am
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heir 'old family firm' of solicitors have left me in a position where they won't give an opinion either way. I thought that the plethora of STW armchair lawyers would have come up with something

I'm a real lawyer.

I'm not going to give legal advice on this thread as (a) you're not my client and (b) I'm not an HR lawyer.

My general advice is simple: go and find an employment lawyer who can give you proper advice as you're flailing in the dark here.

In reality, you need to agree a course of action with your employer - train or get rid. Then seek advice that can help you with that. It'll only cost a few grand, which is cheaper than cocking this up.

See, I managed that without any reference to car manufacturers or thowing my toys out of the pram. But I will say that you need to examine your limitations and get some training/skills in areas you are responsible for but clearly know nothing about.


 
Posted : 10/11/2012 11:30 am
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But I will say
that you need to examine your limitations
and get some training/skills in areas you
are responsible for but clearly know
nothing about.

True - so often a top performing sales person finds themselves in a "management" role with no training or support, something sadly overlooked further up the food chain. There's often an unrealistic expectation from bosses that you can magically create an army of "mini me"s........

Well worth getting this situ sorted then pushing for more support I reckon.

Good luck with it.


 
Posted : 10/11/2012 12:01 pm
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I'm sorry,
But I'm with Scott Mc with this one.


 
Posted : 10/11/2012 12:49 pm
 grum
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I'd also expect a better standard of written English from someone in a senior management position. Putting an apostrophe in 'caves', deary me. 😛


 
Posted : 10/11/2012 1:18 pm
 Drac
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As a manager you have to assist him offer advice and see what issues are troubling him. Maybe there's something at home, maybe no one has explained the role he's doing properly to him or how it's supposed to work. This is what you are here for, it's all great shouting "sack the bastard" but it's not that easy. If it does come to that then you have my sympathy, I've had to instigate the disciplinary route more than once and one of those lead to full dismissal. It's horrible, it took up best part of 3 years of my life and still comes back to bite me. Your staff will turn on you, you'll be questioned from many parties about your reasons why, you'll wonder how the guy is going to pay his bills, you'll wonder what effect it's had on his family. Then if you ever see him it's an awful thing, the expression they give you makes you feel cold. Trust me it's the last route you want to go down no matter how posh your car is.


 
Posted : 10/11/2012 1:19 pm
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