I understand how that approach may feel appropriate and even the most practical in a busy sales environment, but as of April this year, with the new introduction of some new legislation around employment, informal approaches may be a liability.
In many ways, the new employment laws are effectively placing greater emphasis on early-stage employment decisions and probation. Sales managers will therefore need to be able to demonstrate that they have properly managed, trained, and supported their teams. If an employment issue later reaches a tribunal, vague statements such as “we gave them support” or “their manager spoke to them a few times” are unlikely to be enough.
As Acas states in its guidance on disciplinary and grievance procedures, employers and employees should “raise and deal with issues promptly”. They should not “unreasonably delay meetings, decisions or confirmation of those decisions”.
These principles could now really matter when it comes to sales management.
Before we go any further, though…
A quick reminder that I am not an HR professional, and that I am coming at this from the practical angle of having a successful sales strategy in a business. In my years of experience, the most successful sales teams have good processes in place, and that includes training at all levels in place. This article is about the three elements in the blueprint for sales success, strategy, process and training, and how they interact with the new guidelines.
So, if you have any doubts or concerns about employment related legalities or similar, you need to speak to a Human Resources advisor. I know some good ones if you want to drop me a line.
Sales managers are often promoted because they were strong salespeople. That doesn’t automatically mean they know how to manage people, give feedback, document concerns or handle difficult conversations, though.
A manager may know when a salesperson is not performing, but can they explain why? Have they reviewed call quality, pipeline management, conversion rates, activity levels, customer handling and adherence to company values?
If they did, was that coupled with clear feedback, and have they recorded the conversation? Have they agreed on the next steps and carefully recorded that for everyone to refer to?
If the answer is ‘no’ that list or any key part of it, can you really say you can show evidence of fair and proactive management?
Training should not just focus on sales technique, or you are only doing half the process. Managers need training in supervision, feedback, performance reviews, documentation, recruitment and onboarding. They also need to understand how employment decisions may be scrutinised later.
A proper sales development process should show that expectations are understood from senior management through to the sales floor. Targets are important, of course, they are, and they are a reasonable expectation of a sales role. However, they are not the sole focus or the whole picture.
Reviews should also cover areas such as:
This is not about bureaucracy for its own sake. It’s not about keeping records to tick a box. It is your evidence of the practice of good management and a road map to employee success.
Probably the most common areas for concern when a salesperson is struggling are standard sales practices such as closing, prospecting, objection handling or time management. If an ex-employee claims against you under employment legislation, you could be asked to show what support was offered. So, if a manager has concerns, those concerns should be recorded clearly, with dates, examples and actions agreed. Training needs should always be identified, documented and then, most importantly, met.
More importantly, from a practical perspective, these are areas where the employee is expected to perform, and that performance is what brings in the revenue. They are therefore key to the success of the business as well as the individual.
Good employment practice starts before the salesperson joins the business. So, I suggest you look at it from the perspective that recruitment is not separate from performance management. Instead, treat it as the first stage of it.
Do you review job descriptions to make sure the role is accurate and realistic before you advertise? Are your interview questions consistent, and is there a scoring system that is recorded? All this helps ensure (and evidence) that the decisions you made were fair and based on role-related criteria.
Poor recruitment creates problems later. If the role was oversold, expectations were unclear, or questions were inconsistent, disputes can arise quickly. A bad hire is expensive and bad for morale at any time, but with a maximum 6-month probation period under the new legislation, you need to be sure that you have the right person from the start.
Structured processes will help you choose the right person and show that the decision was made properly if needed later.
Once the employee starts, onboarding is just as important as recruitment. A new salesperson should understand from day one:
Induction should not under any circumstances be treated as just a tick-box exercise. It’s evidence that the business has explained expectations and provided a reasonable opportunity to succeed. It’s also confirming that the salesperson and their managers have made the right decision… or the wrong one in the worst case scenario. If it is the latter, then you can prove you did things the right way.
Where the new rules create a maximum six-month probation period, businesses will have less time to rely on informal judgement. Probation reviews will need to be planned, documented and meaningful to be useful.
This means managers must be trained to manage probation properly. They need to know how to set expectations, review progress, record concerns, provide support and make fair recommendations.
That management training should also be evidenced. Again, it is part of the development process for the manager as much as anything else.
As I said, I am not an HR specialist, but in practical terms, it seems the risk is clear and plain. If a business ends up at a tribunal, it may be asked what training was provided, whether the employee understood the role, whether concerns were raised early, and whether managers were trained and followed a fair process.
Can you provide that evidence? More to the point, if you cannot provide that evidence, can you really say you developed that employee properly, and that your managers understand what was required of them?
Loose sales training, unclear sales processes and inconsistent sales management have never been good practice. Under the new employment landscape, they could also be more than just a commercial risk.
For sales organisations, the message is clear. Train your salespeople and make sure you train your managers, too. Make expectations clear, review progress regularly, document support and deal with concerns early.
Good management protects performance, culture and the business itself. If it is embedded into every part of the working world for a sales team, from management to the sales floor, it will not only help protect your business if there is an issue with an employee, but it will also help protect it from the cost of a bad hire.