UK Employment Law

UK employment law questions answered by verified Experts

Ask an Expert,
Get an Answer ASAP!

This answer was rated:

I have a telemarketer (one of three), that has been with us…

I have a telemarketer (one...
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.
Show More
Show Less
Ask Your Own UK Employment Law Question
Answered in 3 minutes by:
7/8/2013
Jenny McKenzie
Category: UK Employment Law
Satisfied Customers: 6,475
Experience: 10 Years of experience in Employment Law and HR
Verified
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?
Ask Your Own UK Employment Law Question
Customer reply replied 5 years 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.


 

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
Category: UK Employment Law
Satisfied Customers: 6,475
Experience: 10 Years of experience in Employment Law and HR
Verified
Jenny McKenzie and 87 other UK Employment Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Jenny McKenzie Your Own Question
Jenny McKenzie
Jenny McKenzie
Jenny McKenzie
Category: UK Employment Law
Satisfied Customers: 6,475
6,475 Satisfied Customers
Experience: 10 Years of experience in Employment Law and HR

Jenny McKenzie is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Ben Jones

Ben Jones

UK Lawyer

9,071 satisfied customers

Qualified Employment Solicitor

Jenny McKenzie

Jenny McKenzie

6,475 satisfied customers

10 Years of experience in Employment Law and HR

UKSolicitorJA

UKSolicitorJA

Solicitor

390 satisfied customers

solicitor

John Knox

John Knox

Solicitor

72 satisfied customers

Solicitor and Advocate

Kasare

Kasare

Solicitor

35 satisfied customers

LLB (Hons)

Buachaill

Buachaill

Barrister

24 satisfied customers

17 years experience

INC

INC

Solicitor-Advocate

22 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

< Previous | Next >

Related UK Employment Law Questions
We held a disciplinary meeting with and employee last week
We held a disciplinary meeting with and employee last week for insubordination. 24 hours notice was given, he was invited to bring a colleague or trade representative and following the meeting a lette… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,071 satisfied customers
we are a joint mangement couple running a pub. i recently took
we are a joint mangement couple running a pub. i recently took on a new kitchen manager 6 weeks ago and everything seemed to be working out, then he asked me two weeks ago if i would consider employin… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,071 satisfied customers
I have an employee that has been in full time employment for
I have an employee that has been in full time employment for less than 1 year whom walked into the office yesterday stating he quit. He had been involved in arguements previously with other employees … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,071 satisfied customers
We have an employee who has been complaining of a bad back
We have an employee who has been complaining of a bad back across the last 6 weeks or so. When we asked her about her condition originally she stated that she had a ripped muscle, she also described a… read more
Michael Holly
Michael Holly
Bachelor\u0027s Degree
6,740 satisfied customers
Hi I have a self employed employee, she has worked for about
Hi I have a self employed employee, she has worked for about a year part time and she runs on commission only (she is employed at another job). I have suspected for a while she has been doing clients … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,071 satisfied customers
Hi I had a company which employs 5 people, one of them is
Hi I had a company which employs 5 people, one of them is Asian (Indian). he breached his contract but setting up his company while he was employed by me and now his solicitor send a letter saying tha… read more
Alice H
Alice H
Solicitor of the Senior Courts
Bachelor\u0027s Degree
2,008 satisfied customers
I have a couple of employees doing telemarketing to set sales
I have a couple of employees doing telemarketing to set sales appointments for consultants. They are not very productive. I am thinking of cutting this part of the business and using one or more exter… read more
UKSolicitorJA
UKSolicitorJA
Solicitor
Bachelor's Degree
390 satisfied customers
Hi! Im a self employed sports massage therapist working for
Hi! I'm a self employed sports massage therapist working for a mobile massage company. I have a contract where it says I have to give two weeks notice to leave. Last monday I gave my two week notice a… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
38,149 satisfied customers
wonder if you could help/advise. My Husband currently works
wonder if you could help/advise. My Husband currently works for a large bookmakers and is currently not a member of a union (although looking to join). After a violent incident at work in which my hus… read more
Jenny McKenzie
Jenny McKenzie
Vocational, Technical or Trade Scho
6,475 satisfied customers
As a self employed draughtsperson/CAD technician employed for
As a self employed draughtsperson/CAD technician employed for short term work by a very large UK energy company within their contracts division. I registered a limited company to meet their employment… read more
UK-Justice
UK-Justice
Master's Degree
10,176 satisfied customers
My husband is 62 years old.He has been employed as an unqualified
My husband is 62 years old.He has been employed as an unqualified teacher at the same school for nine years.His capability has never been called into question and he has never been subject to discipli… read more
Jenny McKenzie
Jenny McKenzie
Vocational, Technical or Trade Scho
6,475 satisfied customers
i really need advice and help on where i stand... on 11/07/2011
i really need advice and help on where i stand... on 11/07/2011 i commenced work at a company called attachment theatre. i was told i would have to work a month in hand and then be paid on 1/09/2011. … read more
Alice H
Alice H
Solicitor of the Senior Courts
Bachelor\u0027s Degree
2,008 satisfied customers
Hi, my husband was employed by a golf club as a non driver
Hi, my husband was employed by a golf club as a non driver 12 years ago and has been shown how to drive the smaller vehicles by other team members during this period. However, the golf club has now sa… read more
cityguru
cityguru
Bachelor\u0027s Degree
44 satisfied customers
Hello. My husband works for Sodexo - a worldwide company -
Hello. My husband works for Sodexo - a worldwide company - and Sodexo has decided to disband the Building Services arm of the business for which he works - making him redundant on 4th August. There ar… read more
ivorylounge
ivorylounge
44 satisfied customers
Hi I am in a job that has changed over the last year from
Hi I am in a job that has changed over the last year from a sales environment into account management. This role does not fit my skill set (that I was employed for) and is causing a high degree of str… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,071 satisfied customers
my husband was dismiss from work 4 days into a two weeks contract
my husband was dismiss from work 4 days into a two weeks contract as a driver ,he was allged to have dent a van with is hand while closing it . he was not paid and the employer gave no explanation exc… read more
Jenny McKenzie
Jenny McKenzie
Vocational, Technical or Trade Scho
6,475 satisfied customers
Hi, My partner works as a drayman at a leading company, he
Hi, My partner works as a drayman at a leading company, he works very long hours. He has worked there for two years but is on a new contract - his colleagues are on the old contract which means they w… read more
Jenny McKenzie
Jenny McKenzie
Vocational, Technical or Trade Scho
6,475 satisfied customers
If a fellow professional circulates an email to other colleagues
If a fellow professional circulates an email to other colleagues in your organisation and outside your organisation making disparaging statements about your professional integrety which is subjective … read more
ivorylounge
ivorylounge
44 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x