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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44871
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi there, I work in a call centre based in Belfast for

Customer Question

Hi there,

I work in a call centre based in Belfast for a large Spanish bank. My job role is a mentor which means I train and develop new starters into the company on a 1:1 basis for 6 weeks then on a 3:1 basis for a further 6 weeks when the new starters leave me and join into their own team.

I and everyone else in the company have a PDP - personal development plan which states targets that must be achieved by me within my role. This is involves a 1:1 review on a monthly basis followed by a quarterly review where I will be marked 1 through 5 (1 being poor to 5 being exceptional) on how I complete my role.

When there are no new starters in the company I have to take incoming calls from customers to assist with normal banking queries they may have.

There is a risk and quality section on my PDP which basically scores me on how well I complete security with my customers with a successful target of 75% per quarter. Currently I am at 88% which exceeds what is required off me. I failed a specific call type on security and my manager has told me that I have to go onto an IRP - informal recovery plan.

I have also been told that once on the plan I will not be allowed to train new starts for a period of 8 weeks.

I really just wanted an outsiders opinion on the legality of proposed recovery plan based on the companies targets that they have set me and the implications this has on my role.

Any response would be greatly appreciated.

Kind Regards,
Alan.
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.
Hello, my name is Ben and it is my pleasure to be able to assist with your question today. Please let me know if others have the same targets and if your contract or a policy specifically deals with what is happening to you at present?
Customer: replied 3 years ago.

There are a total of 28 Mentors who all have the same PDP in place which explains that a target of 75% is needed to be successful in this area. Nothing on my contract specifies the repercussions of falling below this target. There are currently no written policies anywhere which specifies that I would be held back from delivering training to new starts, there are obvious repercussions for failing to achieve set targets which I agree with however find that there are contradictions re my target and being penalised even though targets are currently being exceeded.

Expert:  Ben Jones replied 3 years ago.
How have others in your position been dealt with in the past?
Customer: replied 3 years ago.

In the past, the fail has been discussed and documented so that our risk and quality team can see that the manager has dealt with the fail accordingly and put in to place any additional learning that may be required. On this occasion, my fail was human error and as such I have held my hands up and confirmed I completed it incorrectly; however to be then told I would still be classed as a mentor I would be removed from training the new starts for 8 weeks unto the plan has been signed off. There has only been 1 advisor in the last month who has went through a similar process however he is only new into the role and did not question the recovery plan. I have been in this role for over 2 years now and this has never happened previously under similar circumstances.

Expert:  Ben Jones replied 3 years ago.
Will your pay be affected or is this just a status issue?
Customer: replied 3 years ago.

I believe that it may effect my achievable bonus however not yet confirmed.

Expert:  Ben Jones replied 3 years ago.
Ideally the employer should have a policy in place which deals with such matters of underperformance. You have a contract which states what your job and duties are and the employer should allow you to continue with those unless they can change them under the policy or under a contractual clause. If no such provisions exist and they remove you from your contractual duties then you can argue that they are acting in breach of contract, especially if this has not happened in the past. In the absence of such provisions they can still deal with this through performance management or even a disciplinary procedure but they should not change your duties and especially not if it is going to affect your pay. You may challenge this matter internally - you can do this informally or by following your employer's grievance policy.

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