4:16pm Friday 24th January 2014
A TOP salesman from Abergavenny who took the largest employment law advice company in the country to a tribunal has had his case dismissed.
Nicholas Badman claimed he was effectively forced to resign from Peninsula Business Services because of the attitude and behaviour of those higher up, in a constructive dismissal case in which he also said he was owed over £10,000.
But, yesterday, employment judge Phillip Davies said he did not accept the actions of Peninsula had “fundamentally breached” Mr Badman’s contract.
“I do not consider the actions or instructions of senior management were calculated to destroy the trust and confidence of the claimant,” he said in reaching his decision.
“They were reactions to actualities of poor performance. I reject analysis that changes were designed to make the position of the claimant untenable or that they had that effect.”
Mr Davies said there was no grounds for a claim for payment, which Mr Badman, of Park Crescent, had said he was owed in commission.
The tribunal previously heard Mr Badman, a senior business advisor with the company, was left “demoralised” by what he saw as lucrative ‘lead’ opportunities being withheld from him by higher staff after a period of difficulty. It was said while his basic salary was £15,000 he had been earning up to £75,000 through such avenues at one time.
He said he had been Peninsula’s “most successful salesperson in Wales”, but had complaints and concerns ignored despite a series of meetings, and when another salesperson was assigned to his patch he felt he was being “managed out”.
But, giving evidence last week, Mr Badman’s line manager Andrew Trotter said his sales had fallen “woefully short”.
“I had to discipline you,” Mr Trotter told Mr Badman. “The recession hit, previously reliable accountant referrals dried up, and you had no Plan B.”
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