Please help with staff issue

  • Thread starter Thread starter shaun adams
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shaun adams

I need help, we put a job advert up for a Customer Service Manager on £30K + bonuses and interviewed a few people, we found someone that could be suitable and asked him if he would be happy to fill that position and come to work for our company and If so to please let us know when he would be available to start and if he had any more questions he would like to ask.

It then became apparent over the next week that we were in no position as the team was just upside down and I was that busy it would be hard to train someone and because we knew it would be hard to train people that where going to go anyway, we were going to go down the root of hiring new staff on better rates with a commission and then look for a manager.

The guy decided to take it on himself to make his own start date and hand his notice in (he said he did this but he came from Tata Steel Rail Division which I am sure but could not be 100% had laid him off or was not a great place to stay due to cuts so he was moving anyway – I also feel this is true due to his lack of enthusiasm and his move back to what he pretty much did before), so we sent him a message as we could have work with him as it could have been a worthwhile proposition for us both


Hi x,


Apologies for not getting back to you sooner, after taking some time to look at the customer service and sales side of our company we are not running a professional enough ship as of yet to accommodate the role of a managers salary from the get go with how unprofessionally things are being run on that side.


We have sales of around £8-10,000 and we need to increase this up to a minimum of £14-15,000 and we would really like you to join us so you can get us up to this point as we feel your expertise would be a major benefit for us and once we are at this stage we would then be willing to give you the salary that was originally promised (along with extra bonuses as we achieve better targets), but if you were to start on Monday, which I hope you can as we are struggling at the moment to gain the expert knowledge that is needed, the salary would be the same as our other customer service staff (£10 per hour, 40 hours per week) until as mentioned earlier we reach the point we need to get to and then your role will be changed to the manager and the salary will increase.


Please let us know how you feel about this, again apologies for not contacting you sooner we have been very busy and I did not want to let you down.



He started on the Monday and that was that, across the 12 weeks of employment he did very little and pretty much just joined the customer service staff member we had and hardly doing anything to push sales (unless we asked him to do specific items),

we had to keep pushing him and he was still producing nothing. The sales went up but primarily because instead of having a team of 4 on £1000 (£250) a week we have a team of 6 highly qualified staff of £2400 (£400 each) with commission to motivate them (along with a host of new tools we had introduced and a brand new printer) which has been raising month on month even without him (an extra 30% since and no manager).

We still added £100 to his wage and commission when the team was doing over £15k.

At the end he knew he was on very rocky grounds and he was not going to be able to hide from questions about his ability or motivation, the staff where always mentioning to me that he was condescending to female staff (which consist of 100% on that team), offered no help and were not sure why he was there.

He left on a Friday due to us overpaying him the week before and deducting it from that week’s pay but as mentioned above he knew the end was coming.

We never heard from him till 2 weeks later and asked about his outstanding bonus payment which we sorted for him (over paying him rather than spend hrs arguing over £100).

4 weeks later he then started to take the line that he had taken the job and as soon as he hit £15k (see above how we hit it which was nothing to do with him), he was entitled to £30k + bonus and now we owe him £2400 in back payments.

I have emails chasing bonus or anything else the guy felt was not right even a wage slip, yet not once did he mention his wage was incorrect, and now he has gone to ACAS and they have outlined his claim


Outline of claim

The Claimant states that he applied for a role with the Respondent which he asserts was advertised at £30000pa plus bonuses. He states that a few days before his start date the Respondent reduced the salary to £20000pa but the Claimant states that he had left his other role so accepted the job on the basis that the Respondent said they would increase this in the near future.

This is a lie as we asked him if he would be happy to fill the position, we never gave him a start date or that he could start the next communication with him was the proposal which he did not have to accept and he did.

The Claimant states that the Respondent gave the Claimant a target (15k sales met in second week he claims) to meet in order to increase the wage to the full managers wage but after the Claimant satisfied this the Claimant states that it was not increased

It was never done, we did increase his wage by £100 and gave him around £100 a week every time the team hit £15k but we did not feel that his involvement in this was significate so only step him up to £25k which he never questioned.

The Claimant states that he resigned after 13 weeks due to this. The Claimant states that shortfall between the promised salary and actually payments is £2810.42

This again is a lie, this was the email he sent of the day he left, he was only chasing his bonus payment and why his wage was take down to that figure which we explained was an over payment the week before.

Could you please explain what I have been paid for today? I have been paid £126.86 and would like a breakdown of how that figure has been arrived at?


Also when will my bonus payment of £200 be made please?


If you could let me know as soon as possible that would be appreciated?




Acas are now saying it is better to settle with him but I am not willing to pay money not owed to a guy that did nothing and feel like he does not have a leg to stand on (no texts, emails or anything else asking for any payment above what he got)? We also paid him the outstanding money (bonus) above what he was owed and asked if that was the final issue and he had said yes but now returns with this.


Does anyone have any advice on this please?
 
After reading the above, I really think you need to take paid for legal advice.

Sorry to be blunt, but it has been a shambles from start to finish which is going to put your company on the back foot.
 
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I would have thought it would be simply

  • The guy started on a wage agreed
  • An extra £100 + bonus was added to his wage
  • No payments are left out standing (all bonuses have been paid)
  • They guy has never raised a complaint (he has no emails or anything to this effect)
  • He has raised concerns about bonus etc via email which shows if he had a concern about wages he would have done it this way which he has not, we have paid any bonus outstanding (he even stats in one emails about his extra £100 added to his wage)

All of this hinges on the first email that stated when he hit £15k yet we discussed this with him and offered him an extra £100 + his bonus which he accepted and never raised once.

I do realize it was not handle professionally but as a sole business I have struggled with time management but as we get large I am delegating this out more.
 
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Does anyone have any advice on this please?

Hi Shaun,

My advice would be that you have the papers reviewed urgently (ACAS have tight deadlines for a settlement) - but you don't need to pay for that, I provide reviews for free, only charging if I can find some work to do, bring some value or help to the client.

The fact that ACAS have suggested a settlement is a good idea is actually quite odd. Most ACAS conciliators are nothing more than antique telegraphists, they really just relay messages between the parties; if you have someone actually attempting conciliation, you've encountered a rare, good conciliator, but could do with someone who knows how to deal with these people.

You have to remember too, raising an early-conciliation claim with ACAS is free; bringing a claim to an employment tribunal would cost about £1,000. Is your ex-employee taking their chances (as the system invites)? I'd love to look at the case, as I despise employees who abuse the system, make small employers fear employing at all.


Karl Limpert
 
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I gave your post a good read and I think the tips that was shared by UnderstandingE in their course for Outsourcing will be of great help with the issue you are having.

It is a not raining here also!

it has been a shambles from start to finish

and then some!

It really sounds as if your whole company needs adult supervision!

Also, offering a job to someone who has hitherto worked for a giant corporation is usually a no-no. They can often talk a good talk, but are totally protected from the slings and arrows of outrageous fortune, by the sheer size of the company. The same often goes for ex-government and military personnel. By all means employ these people, but on a short leash and demand results!
 
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