Is this gross misconduct?

[Tommy boy]

I wondered if anyone could give me advice. I am a sales and have worked for 8 years at the company being able to work proactively sending quotes and working to my ability as part of the sales team. One year ago I got a written warning for not sending a quote to a customer on time this warning has now been removed but I have just had a warning for gross misconduct for sending a example quote to a customer as we did not have full spec on the product so accurate costing at the time could not be given...but not wanting a repeat of the year before and the chance the deal could still be done I sent the quote...till the last few months I have been able to send quotes and use my years of experience and ability to do my job and not be question on how I deal with customers. We now have a new manager and he wants to be told everything before any contact with the customers. This is my problem is sending a example quote reason for a gross misconduct warning and very possible I will lose my job. Any help would be gratefully received . Regards Tom

[leclerc]

Re: Is this gross misconduct?

Why is it very possible that you will lose your job? The warning is likely to be there for 12 months and then its off your record again.

You have to play to the letter of what the manager wants and if that means that targets are not met then you need to document everything you do.

[Tommy boy]

Re: Is this gross misconduct?

I feel they are trying to work me out the company because of my age...they are offering me a compromise to leave or except that sending a quote is gross misconduct because I did not tell my manager first before sending....I have always been trusted to send quotes over the 8 years till this new manager came. my other option is I will have this on my record and give me tasks to prove myself to keep my job. But worried I will be set crazy targets I can not reach. Regards Tom

[Wombats]

Re: Is this gross misconduct?

As a self-admitted amateur, to me a quotation is seen as giving a firm price for doing something; an estimate gives a guide price for doing it.

Perhaps it would be possible to send out estimates where the full spec is not available, as it is, I think, generally seen that a quotation is a fixed price valid for x number of days.

[enquirer]

Re: Is this gross misconduct?

I feel they are trying to work me out the company because of my age ... they are offering me a compromise to leave ...

Quite possibly.

The catch is that if they change their procedures (are the new instructions in writing anywhere?), then you must follow them (unless they are so ludicrous that your job becomes impossible, in which case there are other evenues to explore). Failure to do so may well be Gross Misconduct.

(1) You can fight the Gross Misconduct and win (the fact that you have done this satisfactorily for 8 years and have had custom and practice on your side will be in your favour, even though they have changed their procedures), but following which, should you stay, you will be systematically targeted.

(2) You can accept that they are going to railroad you out the door and take the offer.

(3) Or, you can fight it, make life very difficult and unpleasant for them, and then negotiate for a much better severance offer.

[Johnboy007]

Re: Is this gross misconduct?

Hi Tom,
Have you got a copy of the company's disciplinary, appeals and grievance procedures?
If not ask your manager ASAP for these.
Gross misconduct for sending a sample quote, is pretty ludicrous, as providing you have made it clear to the recipient, that it is a 'sample quote'. The company have not suffered any loss.
If you have been sending quotes for that length of time, with the full knowledge of the company.
Then you may consider it to be part of 'Custom and Practice', in that this way of working has been established over a long period of time.
It would almost certainly be deemed to form part of your 'implied terms, of your contract of employment.
You will obviously need proof that you did send quotes before this, and over a period of time, and also that your recent quote was a sample.
You have a couple of ways of dealing with this.
Firstly you can accept their blackmail, leave with just your pay and any holiday entitlements, which would suit them down to the ground.
Or you can attend a disciplinary hearing with a work colleague, or union representative (your statutory right) to take notes and act as a witness.
If they are pushing you for gross misconduct, which is a dismissal offence, you can deny it and submit your evidence
If you are convicted and you have the proof about sending previous quotes, you can then appeal and, as a last resort take them to an employment tribunal for unfair dismissal.
Were you notified about the change in company procedures, if so who by?
You stated 'We now have a new manager and he wants to be told everything before any contact with the customers'.
Was this told to you verbally, or was it made clear by some written evidence?

You do have another option.
Tell the company that you will leave if they make it worth your while, or you will fight them in an Employment Tribunal.
I'm pretty sure I know what they would prefer.