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Employer's behaviour post resignation - help

8 replies

AhhhhThatsBass · 01/08/2018 11:03

I wonder if anyone can help on this matter.
I resigned from my job yesterday. I work as a Sales Director for a smallish firm (25 in London, 200 globally) and while part of my role is (was) cold calling/prospecting, (25% at most), it was also working on existing opportunities, managing existing accounts etc. We actually have a person - Inside Sales- whose role it is to purely cold call and generate leads for sales people. Our Inside Sales person left 6 months ago and my company are looking to replace him. It's not a great job, pay is poor, it's quite junior and cold calling all day isn't good for the soul. Purely my opinion. When I resigned the main reason I gave is that I dislike the cold calling aspect of my job. (And for me life is too short to do a job where I hate 25% of it)

Anyway I have 3 months notice. I resigned and am going to a competitor. They don't want to give me gardening leave however. They want me to do one of two things. Leave now and cut my contract short (ie so they don't have to pay me for the 3 months). I've said no and am standing firm.
The alternative is they want me to spend all day every day cold calling, ie do the (more junior) job of an inside sales person. it doesn't take a genius to see that they are trying to manage me out. (incidentally they are not trying to reduce my salary for the duration of my notice period, that would be completely illegal and even they realise that)

My question is, do they have the right to make me work my notice in whatever capactity they see fit, even though it is effectively not the job that I was hired to do?

Thank you in advance for any legal advice.

OP posts:
AhhhhThatsBass · 01/08/2018 11:04

That wasn't clear - we did have an Inside Sales person but they left 6 months ago and the firm is actively look to recruit for the role.

OP posts:
Collaborate · 01/08/2018 13:19

There is I think an employment thread. Might be better to repost this there.

SilverViking · 01/08/2018 13:45

It depends on your contract of employment, but it ususlly includes "and all other reasonable tasks".

Not a good move by an employer to put you into a position of generating sales leads ... as it is them that looses out if you dont generate leads, and there is no motivstion for you to be successful at it.

Why would you not cut you losses and finish early ... could your new role start early, or could you enjoy a long break (even if unpaid)?

Hoppinggreen · 01/08/2018 16:45

I don’t know about the legal position ( maybe post in Employment) but I’ve been in sales for over 20 years, latterly in senior roles and what they are suggesting is idiotic
You could do a lot of damage without even trying. A huge part of Sales is motivation and you would hardly be motivated doing a task you hate for a company you are leaving.

Margueritte · 01/08/2018 20:27

I'm my industry (not sales) changing your role after resignation would be fairly normal - they want to get their money's worth from you, but don't want you doing senior things that you might screw up/ steal ideas from.

It is perfectly legal if you have a normal contract - as you're already doing this for some of your day, it must be a 'reasonable' request. Hopping is more expert than me on whether it's sensible!

Do you want to stay for your notice period? If you have another job to go to, might you be able to start that early?

AhhhhThatsBass · 09/08/2018 13:57

Hi all thanks for the info, I only just saw the responses. Interesting that what they are doing is legal. I'm currently sitting it out for now..Thanks again..

OP posts:
flumpybear · 09/08/2018 14:03

I'd see if I can start my new job early!

SassitudeandSparkle · 09/08/2018 14:05

Agree with all the PP that yes, it can be more common than you think for your employer to change your job after resigning, especially if you are going to work for a competitor.

However - in this instance - they do seem to have shot themselves in the foot with giving you a lead-generating (for them) role which would impact on them if you don't do it well! Perhaps it is the only vacancy they have to move you in to at this time.

If you don't want to leave early, let's hope they recruit to the inside sales job very soon!

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