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Jenny McKenzie
Jenny McKenzie,
Category: UK Employment Law
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Experience:  10 Years of experience in Employment Law and HR
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I have a telemarketer (one of three), that has been with us

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I have a telemarketer (one of three), that has been with us for two years three months. His wife used to work for us who was an accomplished telemarketer and promoted him to us to have a job. We employed him on the basis that if he failed we would not continue to employ him as he did not come across as a typical telemarketer. Whilst the two of them were working for us it was uncanny how one would book two appointments and then the other, and then one would book three and then the other and then one and then the other and so on… this was particularly odd as she had done telemarketing all her life and he hadn’t and she clearly had more charisma than him, in fact he had very little indeed.. However, because they were producing the goods as a team, I turned a blind eye.
She came into some money and handed her notice in in March 2013.

Since then his performance has been so-so, but he seems determined to not join in the telemarketing team effort, scoffing at bonuses, not contributing in meetings, saying negative things about the company and it’s directors behind the scenes. I have challenged him about his negativity, but he says that he has a lot on his mind as his wife has just had a hysterectomy. Three weeks ago.

I personally fail to see how this makes him pro actively negative; I could understand how it may make him quiet, but he seems determined to undermine what I am trying to do as a team.

On Friday, I ask the telemarketing team to produce a presentation of what I had been teaching them all week. He came into my office this morning (badly sunburnt I may add) declaring that he hadn’t had time to prepare and can he do it next week not today. The other two embraced the subject and delivered their presentations and we had a team building exercise. I did not invite him into the meeting as I felt it would give him an unfair advantage.


Added to this we have now analysed our database and in the days when it was strange that he was booking as many appointments as his wife there are notes on her database saying that the appointment was for him. This isn’t concrete evidence as it could mean that the lead was simply on his database, but it looks very odd.

Can I give him a warning over his recent behaviour?

Can I fire him? He is causing a serious problem with motivating the rest of the team.
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Jenny McKenzie replied 1 year ago.
Hello and welcome to Just Answer, do you think it is a performance or a conduct issue? I.e. do you think it is because he can't perform the job as a result of a a lack of skills or that he has the skills just choses not to use them?
Customer: replied 1 year ago.


Its really a conduct issue as he has been with us for over 2 years, we have regular meetings which include training and recently we have had 2 new starters so there has been more training. However following his wife leaving we have been able to see his true performance and have seen that his wife was making appointments for him and he was claiming that he made them. Therefore he has been fooling us (as such) into us believing that he had the skills for the job when this wasn't the case.


 


He choice to not do the presentation was a complete lack of respect for the task in hand and the rest of the team. We had a new starter last Monday and they did the presentation this morning without any complaint.


 


Where do we go from here, as he is trying to undermine the telesales teams motivation and just do what he wants to do.


 

Expert:  Jenny McKenzie replied 1 year ago.
Hi it is not possible to summarily dismiss unless an act of gross misconduct has occured. Whilst insubordination clearly amounts to misconduct it is not likely to be considered by an employment tribunal to amount to gross misconduct allowing a summary dismissal.

I would suggest you invite him to a misconduct discicplinary hearing for insubordiation though, he will need to have 24 hours notice of the hearing and to be given the right to be accompanied at the meeting by a colleague or a trade union representative. It would be appropriate to give him a written warning for this and say that you want his conduct to improve otherwise further discipinaries will follow. You will need to give him the right to appeal and state that the warning will stay on his file for 12 months.

Hopefully this will act to improve his conduct. If not you will be able to take futher action if he continues to cause trouble.

If you have any further questions please ask. If I have answered your questions I would be grateful if you would give my answer a positive raitng. Thank you and all the best.
Jenny McKenzie,
Satisfied Customers: 5293
Experience: 10 Years of experience in Employment Law and HR
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Jenny McKenzie
Jenny McKenzie
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10 Years of experience in Employment Law and HR