Once you've resigned... irked.

[ShakesBootyFlabWobbles]

Hi there
I've recently resigned from my job. I've been running a department for several years below the grade of other department heads for several years and I have had enough.
The firm is now advertising my job 2 grades higher at director level.
I am really irked about this.
Am I right that once you've resigned, it is a case of tough luck?
Many thanks

[RC1234]

Would you stay if they paid you more? it is a bit cheeky of them, usually in my place they don't advertise salary, but they do replace people with extra people as if to say we knew that you were over worked - but it doesn't hurt to ask for a pay rise if you really want to stay .

[RockyRoadster]

Apply for the new job?

[scribblegirl]

This happened to me in the past op - well, something similar. I was massively overworked and constantly asked for another team member only to be told that I should be expected to manage on my own.

I resigned and they hired two people to replace me!

I just took from it that I'd made the right call as the company was utter shit.

[ShakesBootyFlabWobbles]

I just took from it that I'd made the right call as the company was utter shit.

scribblegirl nails it

Thanks for the replies, one chalked up to life experience.

[Melonfool]

If all the other heads are men and you are a woman then....sex discrimination claim?

[BeakyMinder]

I agree with Melonfool

[achieve15]

Are you already going to another job?

Do you want to apply for this job?

Is there any chance you could put in some sort of claim - I won't pretend to know what - and get backdated pay that you should have had? I was on contract somewhere this happened. I didn't know the company well enough to have details but I know 5 managers got a back dated pay rise after it emerged that someone had been being paid much more for the identical job.

FWIW I've been in the situation where I resigned due to overwork. My role was advertised with about 30% of the work missing - it had been handed to someone else - I'd have stayed if they had done that when I asked them. I took the view that they just didn't want to keep me, which is one reason why I'm asking if you could do a backdated pay claim.

[leadrightfoot]

If you have asked for a pay rise and been refused then unfair dismissal?

[FadedRed]

Similar happened to me three times over less than twenty years. Only when you leave do they realise what a bargain they had been getting. Pissed me off, then came to terms with it when the next job was better and I wouldn't have gone back.

[ShakesBootyFlabWobbles]

No job to go to as yet.

The vacancy at the upgraded level is a lot more money but the job spec could have been lifted straight from my appraisal objectives. That's what is bothering me, it is my role being advertised at 25-30% more pay and a better grade.

I guess I need to it it behind me and find something better.

Thanks for the new relies.

[ShakesBootyFlabWobbles]

Replies

[DragonsCanHop]

I resigned to my then line manager after months of talks about pay, time and duties.

My role was then advertised at a better salary, less duties and more flexibility.

I went above the line manager and met with the Director and a HR rep, it went well

Is there anyone else you can talk to in the business?

[achieve15]

Shakes, it seems to me you have a case. If you want to move on, sure but you would have a case for demanding back pay.

Talk to HR?

[flowery]

"Shakes, it seems to me you have a case"

A case for what?

"If you have asked for a pay rise and been refused then unfair dismissal?"

Since when is being refused a pay rise unfair dismissal?

The only kind of "case" could be if there was a equal pay issue, and there's been nothing to suggest that so far.

[FishWithABicycle]

shake the dust off your feet and move on.
it's entirely possible that they knew full well the job was worth more but they wanted someone else, not you, doing it.
seems like a nasty place to work. you're well out of there and will be happier for it.

[Melonfool]

There is no unfair dismissal here. For a start she wasn't dismissed so it's missing that vital component.

[Greatblue0wl]

Are they asking for people with higher qualifications? The job spec maybe simialar to issues raised at your appraisal, but were you meeting their expectations?

[alicewright86]

Hi

Did you ever submit your concerns in writing, I.e formal grievance. How long ago did you resign?

You may potentially be looking at a constructive unfair dismissal claim. However to be successful in this claim you need to show two key elements. The first key element is that a fundamental breach of contract took place - this can be a one off isolated incident or a series of smaller incidents. The difficulty you may have showing this is if you didn't formally raise your concerns for your employer to address. However if you did and you resigned in response to their unreasonable behaviour in this regard it could represent a fundamental breach.

The second key element is that you are not seen to have affirmed the employers breach by continuing to work. So, if their response was unreasonable and you left it, let's say, one month to respond the ET may hold that you were too late.

You need to establish what was the breach you resigned in response to and did I resign quickly enough? If you can do this, you may have a claim.

You are subject to a tight limitation date. You must submit your claim (early claim conciliation to ACAS) within three months less one day from the effective date of resignation.

In addition, you may want to potentially explore an equal pay claim / sex discrimination claim if the other employees in your position were male and on more.

[ShakesBootyFlabWobbles]

I've been away with no wifi, so apologies for the delay in replying. Thanks for the new replies.

I guess that even if I was useless at the job, I've still been left for 4 years doing it and would still be expected to carry on doing it at lower grade and pay than my replacement, if I hadn't resigned.

I think I am going to take an onwards and upwards approach. I don't want any baggage hanging over me when I want to move on. I won't let this situation happen to me in the workplace again.

[ShakesBootyFlabWobbles]

However, I think I will mention some of the points raised to HR during my next meeting while I finish working my notice; nothing ventured, nothing gained. I just don't want months of legal wrangling over my head once I've gone.

If anything comes of it, I will report back.

Thanks again for your time.

[chocolatechip123]

I once left a job and was replaced by a team of 5 people. I assume they had taken on more work around the business but 5?!

[honestpointofview]

Hi

Just to say op like flowery i can not see any claim for unfair constructive dismissal. There is not right to fair pay. There is even no right to the same pay as a colleague doing the same job. The only right is not to receive less pay for doing the same job as a colleague if the reason for the less pay is a discriminatory one.