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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44338
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hi Im a Senior Sales Account Manager for software co, about

Customer Question


I'm a Senior Sales Account Manager for software co, about 8 months into job (out of 6 mth probationary period in writing) 100% on target up to xmas, but poor last quarter though documented valid reasons for this.

Sales Director called me last week for off record discussion and says he has a feeling I don't get on with everyone (though stated nobody actually said anything - just his observation) and therefore suggested I move on.
Couple of further discussions via phone where I justified reasoning but he's adamant. (main reason I'm failing is I was allocated too few (and dregs) customers by the incumbent other salesman and whilst he promised to address this by end Jan (stated this in front of MD & GM during review in Dec) nothing has transpired.

Gaining no purchase I made offer to hand notice in now, post dated 30th April so no going back and he's in control, continue to work till then with 100% commission March & April and then its like I handed my notice 30th April and leave with 1 months notice to serve (gardening leave etc)

He's come back on phone having consulted HR and said because its less than 12 months service he can serve me notice straight away giving me just 1 months notice pay and if I don't do it then disciplinary action will start next week - IS THIS CORRECT?

He has though offered without prejudice, that I hand my notice in now but dated 31st March and I work through to end April and he will pay 100% commission on March deals and 50% on April deals and needs answer by tomorrow or no deal.

Regards XXXXX XXXXX (56)
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones : Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What is your contractual notice period?
Ben Jones : I am just in a meeting so will respond shortly, thanks
JACUSTOMER-8som7q2r- :

1 month

JACUSTOMER-8som7q2r- :

Hi Ben - Sat here for 10+ mins and the only question asked is already within the info I've given (and leave with 1 months notice to serve) so for me not a great start and not really what I was expecting.

Ben Jones :

Hi, thanks for waiting but please note that in my original post I said I am in a meeting so will not be able to respond immediately. You did mention you were asked to do a month's notice but I needed confirmation that this was actually your contractual notice period rather than just a notice period chosen by the employer.

As to your situation, then I am afraid the employer is correct, although it is even worse than they have stated because it is not 12 months service that they need to look at before your rights kick in, rather it is now 24 months. This means that until you have 24 months service with them, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.).


If the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it and your only protection would be if you were not paid your contractual notice period, because unless you were dismissed for gross misconduct, you would be entitled to receive your contractual notice period.


So they can issue you with notice straight away and ask you to leave the company within a month. This is all legal. If you have been offered a better deal then you may be best advised to consider it because if they really wanted to work to the full extent of the law, you could end up with a worse off deal than what is on the table.

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?

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