******* ******* **** face ******* of a boss!!

dem maser

Moderator
Messages
34,220
I have bugged you enough over the last few weeks with my work problems but seeing as ive bugged you i should also tell you the latest.....

I decided to give it a go...never liked pooled comm and felt comfortable where i was so to make up for the pay cut was relatively easy to make as its 1 a month to be what it was.....

I went in and ready to start the new year off and as i said "happy new year" i was met with silence...i though ****....somethings up or ive made the wrong decision

Pulls me into the back and says that i dont fit in with the set up and he wants to change everything around, starting with me and then moving premises to smaller ones etc etc for cutting costs.....

He asked me to leave so i did but will be seeing solicitor tomorrow as i feel cheated and used....i have lost the other job that was on offer, i committed myself and 1 week after i said yes to him he goes and does this.....

He obv never wanted me to accept the deal and by me doing so i ****** up his plans....

Im ******* seething.....sething!!
 

Emtee

New Member
Messages
8,446
Blooody **** Dem, that's atrocious!!

It's undoubtedly unfair dismissal. Get some advice and take it from there.

Is there any way of resurrecting the job offers while you take this joker to tribunal?
 

Rex B

Member
Messages
657
That is definatley unfair dismissal and out of order, the guy seem's like he is out of his depth as a manager and lost his marbles. You need to take them to an industrial an tribunal, I don't know the process for this but I am sure we can soon find out.

Best of luck and hope you get a position sorted quickly.

Rex B
 

CatmanV2

Member
Messages
48,539
Urk, Dem! Seriously, though, you're in a pretty cast iron position legally. 6 months salary? New GS? ;) Clearly a new job would be better, though.

Get some professional advice. I can dig out contacts for an HR / employment lawyer if you want a recommendation.

best of luck

C
 

BennyD

Sea Urchin Pate
Messages
14,994
As we've said before the guy is a complete w4nker. Take him to the f*cking cleaners, I think there are grounds to do so.
 

dem maser

Moderator
Messages
34,220
Will be using the firm my mrs works for as they will help me out financially, prob do no win no fee for me......

Definite case my mrs says, he sent me an email at 6pm saying im not performing to my targets set....5 in Dec, 4 instructions in Dec etc....those targets are optimistic in a quiet month....just to give you an idea, last Dec the whole office sold 2!! They were mine!!

In the last 12 months i have only failed 2 months to hit them and that was Dec (stupid target set) and Aug.....a quiet month....

Will now seek advice....******!!
 

dem maser

Moderator
Messages
34,220
Lost another job so ill be having him for potential loss of earning of higher amounts than the low ****** pay im getting from there
 

BennyD

Sea Urchin Pate
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14,994
So why didn't he dismiss you instead of offering you a new contract? He offered you worse terms and conditions, you accepted, called his bluff and now he has nowhere to go. The guy is a tw4t and now he pays for it. All the best.
 

ENZ525

Member
Messages
6,748
Sorry to hear this Dem...I hope you can resurrect the other job offer, and take a little time in thinking about the best course of action.
 

Dan!

Member
Messages
3,029
First rule in business: It's all your fault.

Now don't get me wrong, you may well have a case against him and I don't know the full ins and outs of what's been going on (and neither does anyone else on here) only your view of events. I guess what I'm trying to say is, try not to get to wound up in trying to sue someone in a small incestuous industry if you want to keep working in that industry. You could win the battle and lose the war here quite easily, particularly if you get known for having no win no fee legal assistance on tap.... how tempted.would you be to marry someone that had just very expertly fleeced their previous husband?

I can appreciate emotions are running high at the moment, but perhaps consider the cost of not having a job until this is settled, the potential implications losing the case, the potential implications of winning (!), the stress it will cause and the energy that the process will consume. And once that's all be been considered think, is it really worth it?

I tried suing a competitor a few years ago for passing himself off as us, poaching reps, using an exact copy of my copywritten material and my training manual. I was told my lawyer that I had a rock solid case, that it was unequivocal....... It went on for 2 years. At the end of 2 years the original reps he'd poached from me had left him and had been replaced, he changed a couple of pages in my literature so that it was no longer the same and so on. I got a big bill, my lawyer got a new Porsche and my competitor walked away scott free.

I then got a name for being a winger and was the subject of pi$$ taking in the industry gossip. It was after that little experience that I swore to myself that I wouldn't let emotion rule my head when it came to legal battles. I have since paid customers off even though I knew that contractually I was in the right but I just didn't want the hassleIn my life. And the funny thing is that paying them off and moving on felt far better than 2 years messing about.

As ever my friend it's your choice. Good luck.
 

ENZ525

Member
Messages
6,748
Couldn't have put it better Dan, that's what I meant by taking a little time to consider the best course of action...
 

Ren

New Member
Messages
111
Wise words from Dan. Not every rock solid case is as clear cut as one thinks. If on the other hand you decide to go for it then check your house insurance to see if they cover employment tribunals - a friend of mine had her "water tight case of unfair dismissal" paid for by Barclays and in the end the t055er of a judge (or whatever he was) sided on the employer, "in these tough times etc. etc." and basically said "you've been in the industry for x number of years and knew how things worked contract wise and salary wise etc. etc. etc. you should have know better when accepting their terms"

Just a thought. There are more than 3 ways to skin a cat.

Ren
 

rossyl

Member
Messages
3,312
Dem I am so sorry to have heard this, especially when you gave so much thought to your decision. To stay. He sounds like a right piece of work.

The advice given by Dan does to a certain extent make sense. Only you can judge how likely it is that your current employer will try and run your name through the mud. In my view it is a large industry it is also quite ring-fenced on an area by area basis, estate agents well known in one area may never have been heard of 10 miles away. I think that's why you weren't so keen on moving to a new area.

But only you know the situation.

I would make sure that the solicitor you use is a SPECIALIST employment solicitor, I cannot stress that enough. You can be the expert on one area of law and know nothing about another, jack of all trades and master of none. So see someone who solely does employment law.

It sounds like a strong case. He gave you new terms of employment you accepted, you are top performer, yet for some reason you are asked to leave. Sounds like unfair dismissal, and potential discrimination depending on the situation.

Best of luck.
 

Parisien

Moderator
Messages
34,927
Not sure if its been mentioned before but Thompson are the leaders in this area.

Shame Dem, you've been treated so poorly........hope you get things back on track soon!

P
 

BennyD

Sea Urchin Pate
Messages
14,994
If it is such a closed industry, then his t0sser of a boss will already have a bad reputation.
 

2b1ask1

Special case
Messages
20,220
Wow Dem, nothing I can add of any use.... One heck of a kick in the plums mate!
 

fcz360

Sparky
Messages
826
Dem

No Opinions just facts...

if you have been employed by this business for 1 year or more then you have employment rights, by asking you to leave it is almost constructive dismissal as he has not actually sacked you, you have agreed to leave. Its just as bad either way and not something he or she can do.

To part company with an employee of a year or longer standing (unless employed after April 2012 and its 2 years) you need to follow strict procedure which would of included an informal discussion, followed by a written request for you to meet to discuss problems at which point you should of been give the opportunity to bring someone to the meeting, after this if the issues have not been resolved it would depend on the problems. Either way there is a process and employers have a responsibility and duty of care to employees.

This is of course based on you being an employee.

I agree with Dan but also feel that IF he has broken employment law then its there to protect you. You could of course go through the process in order to get a compromise agreement from him, might be better all round... but take advice from an employment law person, they are not standard lawyers.

Also remember as most dont, you can prove incorrect dismissal but to claim you need to prove it was also wrongful.

If you want i have a guide from an employment Law group on dismissal in easy to read format with no jargon its quite good... anyone can have it if they wish.

Frank

Oh and personal opinion what a t**t
 

dem maser

Moderator
Messages
34,220
Thank you so much guys.....
Have had a discussion with a good friend from here just now and im going to meet up with a top solicitor tomorrow and get advice, it may not go to court or tribunal as i dont really want it to but i do want a few months wage compensation.....

Two calls to make tomorrow, solicitor and my recruitment guy.....

I just feel cheated thats all....im confident that ill get another job as my previous record shows and also my sales record for my first 12 months inthe industry is pretty excellent....

What goes around comes around.....