OT Sales Models

[OwenP]

Sorry that this is completely OT.

My company has recently introduced a new sales model, and are threatening to sack people if they don't use it.

Several of my colleages and myself have issues with this model, including being expected to use improper english and hetting very close to pressure sales (an illegal practice iirc)

Can the company legally sack us for not following a sales model if we still perfom our jobs well?

[Homer]

Can the company legally sack us for not following a sales model if we still perfom our jobs well?

Probably.

They would need to give you reasonable warning. But I guess they could sack you for misconduct due to you not doing as you were told.

I'm not a lawyer though and I do know that how and when you can be sacked is very complicated.

Do you have any written contract? Does it clearly state your sales targets?

Are they acting illegally or just pushing the boundaries?

Is it a company who might want to avoid exposure in the press for dodgy techniques? I'm not saying threaten them but if they care about their image then they might be less likely to push to the point of sacking people.

Do you have a union or similar who can negotiate for you?

[OwenP]

Nope no contract, I have asked several times in the year I have been there.

I'm not sure if it is illegal or just pushing the boundaries, but if the latter then it is very very close to the former. Part of it involves using psycological tricks to make our customers buy what and when we want.

Its a fairly large company and they probably wouldn't want the exposure of this sales model. Obviously I'm not going to name the, but I have considered that road and will keep it as an option.

We don't seem to have a union specifically, but I will restart looking into the general unions

[Homer]

Nope no contract, I have asked several times in the year I have been there.

Well you will have a contract of some sort, even if it is only a verbal "you work, we pay you" type agreement.

But there should also be some kind of disciplinary and dispute procedures, especially in a large company.

Any kind of staff manual or handbook would also count as part of your contract.

But at the end of the day, if they are not doing anything illegal but you don't agree with their methods then you will have to try and find another job (not easy right now I know).

You could resign and try to claim constructive dismissal but it doesn't sound like you would have much of a case right now.

Union and / or citizens advice bureau would be good places to ask for advice.

[Sl4yer]

But at the end of the day, if they are not doing anything illegal but you don't agree with their methods then you will have to try and find another job (not easy right now I know).

You could resign and try to claim constructive dismissal but it doesn't sound like you would have much of a case right now.

Yes, that's about it. Of course, no employer should REQUIRE you to break the law in the course of your duties.

If you haven't already done so, start making a log of any relevant events.

I don't suppose you sell phones by any chance?

James

[OwenP]

No its not phones.

I think I'm going to have to clarify the law on a few points.
Yeah there is the verbal contract, but no handbook has been apparent or easily available. I think one is obtainable on the company intranet, but I've yet to find it.

There are indeed disiplinary procedures in place the current threat is that these will be ignored in this instance.

[myglaren]

I rather think that the company is legaly obliged to offer you a contract after three months continuous employment.
Failing that, basic employment law applies.

If they have rules you are expected to adhere to, how can you do that unless they supply you with a copy?

Sounds to me as though they are on shaky ground. ACAS may be worth contacting for further advice.


On the other hand I have no contract - I was given one to sign after being there two years, didn't like the look of it so chucked it away.
Not at all sure where that leaves me but at least I haven't signed anything

[andmcit]

By turning up and doing the work you are showing that you accept the
contract whether it's a formally signed and witnessed document, or a
verbal or implied one.

What you have every right to question and resist is any underhanded or
by definition illegal sales activity that you yourself would be party to
breaching even if you were expected to by your employer.

Unfortunately, it sounds in your situation that you either put up or shut up
and either stand by your principles and need to find a new job. It doesn't
sound much like the employer is worth being an employee with anyhow...

mind don't discount either that this is a devious means by which a 'sharp'
employer get's what he wants to reduce their workforce by making
employee's walk voluntarily on principle rather than go through a
messy acrimoniou union/redundancy scenario. There are a whole raft
of laws to protect employee's though there can be very devious sharp
employers too!

Andrew

[andmcit]

Go on the TUC website and seek a contact and request advice whether
specific or general - there should be a union if not a local TUC representative
available out there to offer advice.

It would be worth getting impartial legal advice regarding your 'sales model'
which needs to be examined for it's legality...

Andrew

[OwenP]

@ andmcit, that wouldn't surprise me at all currently, however I'm not going to fall prey to it, I won't walk on the back of it, they'd have to push me. I have questioned it a couple of times and was told if thats how I think I'm in the wrong business. I might well contact the TUC actually and see what they think.

@ myglaren, I believe you are correct, after 3 months a contract should be provided, so as you say I will go by the basics and if they have any unusual clauses in the contract, well I've asked and not been given so they can see how that would hold up in a tribunal.

Two of my managers (out of five) also dislike this sales model, on the grounds of it's dubious nature, and making all the staff sound like identical idiot robots. Oh and people will be sacked on the evidence of a one off mystery shop by the sounds of it.