[MyKeyG]

'An individual I know' has a sister working in a mobile phone shop. About two weeks ago a customer returned with a handset. She claimed that she had been bamboozled into a steep contract by the offer of a cheap handset blah, blah, blah. The friends sister explained that there was nothing she could do, that she had entered into a contract with the company. She told her she would have to take her case to customer care as there was nothing they could do about it in store. Yes it's irritating to hear that but it's the fact of the situation. Everything goes through head office.

Long story short the woman hurled the phone at her and launched into a tirade of abuse. She thereafter called head office. 'There's little we can do' turned into 'it's not my problem' the sister was rude yadda, yadda, yadda. Now the sister has witnesses to the scene who claim she wasn't rude and the customer was the aggressor and the company plan no punitive action against her. However the woman is persisting in calling head office to be updated on what action exactly is being taken. She returned to the store today and accused her of being a poor 'specimen of a human being'.

NOW!!! The point of all this is that her boss is telling her that it all comes with the job and she should suck it up. I was thinking that instructing a staff member that part of their job is to accept abuse is in itself tantamount to bullying. A bit of a Jack McCoy stretch maybe but was looking for thoughts on the legal rights.

[Sala]

This is a tough one.

I suppose if the company has a dignity and respect policy it should be binding on all parties who engage with the company - including those who enter into dealings with them such as a contract. Therefore, you could argue that the company is breaking the terms of her employment contract by failing to enforce the policies under which it operates.

To be honest that's just a thought, and would probably only be relevant in an unfair dismissal case.

I would write to head office and ask them to clarify their position on this and ask for it in writing.

[Procrastastudy]

This is part of working in retail I'm afraid. I wish it wasn't but in the "quest" for customer service retailer have become push overs. Not all retailers are like this but most are especially larger chains.

I have literally seen customers lose it completely. Lose it in proportion to seeing a loved one killed rather than the teddy they bought having a stain on it. Customers in shops are bonkers with their brains shut completely off. Anyway I won't keep harping on about it apart from to say there is very little she can do even if she's in the right. If she kicks up over it she's likely to find herself "managed out of the business".

I'd suggest the full on waterworks next time the customer has a go at her - run off out the back.

[mitzicat]

Working in retail does not limit one's constitutional rights, nor does it allow customers to hurl phones at you. Tell her to call the Gardai and file a complaint against this woman. Witnesses + CCTV would be helpful. I'm sure there is some sort of offence committed here. Any threats of dismissal for taking this action, sue for failure to provide safe work practices. She absolutely does not have to put up with this.

[Procrastastudy]

While I totally agree - I'm simply telling you how it is.

Actually they will try and limit your constitutional rights... just wait until you're in a disciplinary and ask to cross examine a witness... that one makes me laugh!

[pirelli]

Originally Posted by GCDLawstudent

This is part of working in retail I'm afraid. I wish it wasn't but in the "quest" for customer service retailer have become push overs. Not all retailers are like this but most are especially larger chains.

I have literally seen customers lose it completely. Lose it in proportion to seeing a loved one killed rather than the teddy they bought having a stain on it. Customers in shops are bonkers with their brains shut completely off. Anyway I won't keep harping on about it apart from to say there is very little she can do even if she's in the right. If she kicks up over it she's likely to find herself "managed out of the business".

I'd suggest the full on waterworks next time the customer has a go at her - run off out the back.

I wouldn't describe Customer service as a quest exactly, it's a intangible commodity and part of the overall product.Taking abuse isn't providing a customer service, and nor is redirecting customers to a head office somewhere. The OP scenario above is common enough, u have pushy sales representative's that are equally junior employees going door to door promising customer service and hooking sales.

Then these customer are greeted by Junior employee's that are usually unfamiliar with many aspects of the customer contract and obviously the promises made by the sales person.

The fault lies with the company in poor training and restricting employee's to junior positions and yet having them deal face to face with customers. The employee might have been able to discuss moving the woman to another plan, or reducing her monthly payments.

Whether it is a form of bullying or not I am not sure..The employer has a duty of care to their employee. Telling her to 'suck it up' betrays that trust in my opinion.

[pirelli]

Originally Posted by GCDLawstudent

While I totally agree - I'm simply telling you how it is.

Actually they will try and limit your constitutional rights... just wait until you're in a disciplinary and ask to cross examine a witness... that one makes me laugh!

You mean the customer? She sounds like that is exactly what she would like to do Then she will be sorry for having constitutional rights.

[Procrastastudy]

No I mean the member of staff. "Managing staff out" only works because the employee goes with it and doesn't challenge the system.

In the UK there is no right to cross examine witnesses in a disciplinary hearing. In Ireland due to the constitution there is. I've sat in a couple of hearings where the union rep has (rightly) advised the "accused" to ask to cross examine. It's so funny watching UK based HR staff trying to take in they're not in Kansas anymore!

Don't even get me started on the abuse of the Organisation of Working Time Act that goes on.. esp in retail where the rules are different!

Long story short find something else! Customers are asses, the managers are asses and as for the "support functions" - I really dont understand why retail head offices don't understand they wouldn't exist if it wasn't for the customer and the shops!

[pirelli]

Originally Posted by GCDLawstudent

No I mean the member of staff. "Managing staff out" only works because the employee goes with it and doesn't challenge the system.

In the UK there is no right to cross examine witnesses in a disciplinary hearing. In Ireland due to the constitution there is. I've sat in a couple of hearings where the union rep has (rightly) advised the "accused" to ask to cross examine. It's so funny watching UK based HR staff trying to take in they're not in Kansas anymore!

Don't even get me started on the abuse of the Organisation of Working Time Act that goes on.. esp in retail where the rules are different!

Long story short find something else! Customers are asses, the managers are asses and as for the "support functions" - I really dont understand why retail head offices don't understand they wouldn't exist if it wasn't for the customer and the shops!

I had thought you might mean the customer would be unlikely to be available to be cross examined hence violating her constitutional right.

Find something else? ...like a new job? Seems a bit drastic, anyone dealing with the public should expect alot of stress and conflict and should be trained in some way. Maybe she was not trained properly for such an instance which i think is wrong of the company to leave some junior employee deal with all the angry customers. Where was the manager in all of this.

Maybe in McDonald's you would be correct in saying they strive to provide the highest level of customer service and their employees will always try agree with you even when your all intoxicated and singing but there will always be a manager on hand to handle any issue that escalates and make a decision.

It's all about making decision's. I doubt you would be happy if you were told to contact head office about why you were not being served today at Mc Donalds.

[mitzicat]

By constitutional rights I mean right not to be assaulted - not employee rights. As your friend has alerted her boss, if that woman comes in again and harrasses her, she could, hypothetically speaking, go on stress leave and sue her boss for negligence - failing to provide safe work practices.

[MyKeyG]

Originally Posted by pirelli

Find something else? ...like a new job? Seems a bit drastic, anyone dealing with the public should expect alot of stress and conflict and should be trained in some way. Maybe she was not trained properly for such an instance which i think is wrong of the company to leave some junior employee deal with all the angry customers. Where was the manager in all of this[/QUOTE

Exactly we're not living in the kind of economy that lets us walk out of a job because of abuse. I think you overestimate the responsibilities of a sales person properly trained or not. They have zero after sales autonomy. Her contract is with the company and sellers are merely considered a conduit through which the deal is done. People don't realise how much little responsibility they are granted.

[Procrastastudy]

One last point I will make as I seem to be every other post. Mobile phone retail is particular bad in it's business practises and lack of training. Some of the stuff Phones4U used to get upto under Caldwell was shocking!

Some of it is fobbing people off - other aspects are just the business model. The phone head office thing especially.

[Shelflife]

I work in retail, its my understanding that as an employer i have a duty of care to provide a safe working environment for my staff.

Under no circumstances will i allow anyone to verbally or physically abuse any of my staff. I have barred "customers" who were verbally abusive to my staff and if anyone tried to physically assault them i would call the guards.

If the retail outlet refuse to provide a safe working environment then i would say that they are in breach of health and safety rules at a minimum.

[krd]

Originally Posted by pirelli

Find something else? ...like a new job? Seems a bit drastic, anyone dealing with the public should expect alot of stress and conflict and should be trained in some way. Maybe she was not trained properly for such an instance which i think is wrong of the company to leave some junior employee deal with all the angry customers. Where was the manager in all of this.

Training my arse. Customers have been trained to expect to able to abuse staff.

Customer service training is always, without fail, complete and utter rubbish. You could call the course content "common sense" or complete drivel. It's usually a mixture of both. The courses are put together by people who have no qualifications, and usually taught by people with no qualifications.

Corporate training, with probably no exceptions, is a joke. Mickey Mouse courses for managers, in things like project management. Get your hands on the material, and you will not be able to convince yourself the courses have not been created with thick 12 year-old children in mind.

Human resources, is another joke. If you're a broke and an annoyed young solicitor. And you've had a bad experience with the HR of the big law firms. Google/linkedIn, the HR people they have working for them. Check out their "qualifications".

[krd]

Originally Posted by Shelflife

I work in retail, its my understanding that as an employer i have a duty of care to provide a safe working environment for my staff.

Under no circumstances will i allow anyone to verbally or physically abuse any of my staff. I have barred "customers" who were verbally abusive to my staff and if anyone tried to physically assault them i would call the guards.

There's a mobile phone shop on Grafton street - and I've been in there when they've called the guards on customers. I really don't know where managers get it into their heads that taking abuse is worth something. Someone who's going to hold up the entire shop, is generally not going to provide enough business to make it worthwhile.