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To quit with immediate effect? Am I allowed?(48 Posts)
I've had a job for a while and always got on with everyone, my previous manager made me feel really appreciated, she gave me pay rises for work well done, bonuses, gave extra holidays and paid sick time. I work in an office owned by someone who leaves all those decisions to the management, so she was budgeting with profits to give us all extras and it made us all work a lot harder.
She left not long ago and we have a new manager who said our old manager was stupid to be cutting her own profits to give us more and has basically stopped it all. We don't get paid sick time, had our holidays back to basics and we've all been put back down to minimum wage, some people have lost £5 an hour because of this.
Naturally people have started leaving. It's a stressful job and if we're getting minimum wage we may as well go anywhere else for the same rate of pay. We started getting really short staffed and now are down to hardly anyone. The owner came in and asked us last week what's happening and we told him, but the managed is standing firm he's simply lost the "dead wood" and it's a positive step. One of the women I work with got a job in a supermarket for more money and she's got me and 2 other people a job there, but my notice period is a month.
The others have all just left straight away. Now I feel bad. If we all go together I don't think the business will carry on since it's lost too much money. I told the owner and he seemed concerned but trusts the new manager. When I told the new manager I had another job he told me he'd refuse to accept my resignation and he'd dock my last wage if I didn't work the notice period anyway.
I've been looking it up and it says that's now allowed. But I do feel bad. What would you all do? Should I just go?
If it's legally not going to cause you any bother, I'd just leave.
I would suggest going to the owner over your immediate manager's head, but since since he's already been told what's happening and why and refuses to do anything about it I don't think he really deserves your loyalty or consideration.
Sounds like you’ll be the last one standing when the ship sinks
Don’t leave yourself without a job when there is one offer on the table
The owner had been warned and if he too blind to see that good staff will leave after a pay cut then he doesn’t deserve to keep his business
Go. No-one will thank you for staying. It sounds like it's a sinking ship anyway. Enjoy your new job!
Leave on pay day so you’re not losing out? If you’re sure it won’t cause you legal issues then just go in the most convenient way for you.
When's your next pay day? If it's next Friday I'd quit with immediate effect then. Most people are paid in arrears so they can't claim anything back
The employer is in breach of contract if they've reduced your rate of pay without agreement. This entitled you to leave with immediate effect. They can't "refuse" to accept your resignation. If you cut the cake it doesn't have to accept the cut. The deed is done. It might be best to wait until payday before you go, though, because you'd probably have to sue to get your money.
Try get something else lined up.
You're right to leave.
Did you accept the change in terms to your employment, holiday pay, wages etc?
Nobody can refuse to accept your resignation. Are you saying it's legal where you are to refuse to pay for work done? I don't think it can be. Are you paid weekly or monthly? Leaving on pay day without notice seems your best bet.
Take the new job; if you need to give notice you can book holiday or ring in sick.
What do you care if the business can’t carry on? I wouldn’t have one iota of sympathy for a business owner who clearly doesn’t give a toss whether their staff can feed their families or pay their bills!
If this employer is really so out of touch with what’s going on in their own business that they had to wander in and ask the staff what the issue is, then frankly they’re too thick or lazy to run a successful business and will always be at the mercy of whoever they bring in to manage. Not your problem so just do what’s best for you.
Assuming you are in the UK there are only a few circumstances in which your wage can be docked (including being in your contract) & any deductions must not take you below minimum wage. It’s used fir instances like having been overpaid on holiday pay etc.
You can be sued if your employer can prove you not working notice has cost them money eg if they had to get a temp in, but docking would be an illegal deduction of wages.
They can't dock your wages or refuse your resignation. Your contract is being breached and therefore since they can't play by the rules, you shouldn't either .
Leave and do a job where you can be paid what you deserve.
And considering the issues regarding your pay rate etc they’d be stupid to sue you.
I’d get onto ACAS fast.
Doesnt sound right that they lowered your wage took sick pay away witout you signing a new contract anyway so id just leave
Did your employer feel bad when they slashed your pay? They had no loyalties to you. Hell to them do what’s right for you. Good luck with everything.
If your wages, sick pay and holidays have been changed and you haven't had a new contract specifying this then you have been well and truly shafted, and owe them nothing.
I would let the business owner know why you are leaving because it sounds like this new manager is trying to run the business into the ground.
You may want to talk to ACAS. Some insurance like house insurance has legal cover that can cover advice on non related things like employment. The kind of things to consider
In terms of what happened with the change-
How long did you work under the terms that were better than your written contract and how long have you worked under the reduced terms? Did you put in a grievance at the time? Whatever you find you might be able to take a case to tribunal, however they might offset if you don’t follow the contract. It could be an illegal deduction from wages. These pages relate to England. -
Will you need a reference from your employer for the new job?
i would leave if you can yes. But on payday, with immediate effect. Ensure you get paid first, yes they legally have to pay you but this could be a nightmare.
This all sounds a bit weird to me surely the new manager can’t come in and change everything. It sounds to me as if you all have a case for constructive dismissal.
Of course he can’t refuse your resignation or dock your wages! I’d feel no sympathy for the owner either. They’ve placed their trust in a new manager over their loyal staff
Maybe an alternative is to give a month's notice, then take a 2 week vacation and get a sickie for work-related stress.
The reality is that it's very difficult for an employer to keep someone who doesn't want to work there. If you are not expecting a month's pay in lieu of notice then the employer can hardly complain - you do no work, they give no pay.
If you have a new job, resign on the day after pay day with immediate effect.
They may state that in a reference, but pre-empt that by advising your new employer abs give your previous manager as alternate professional referee plus a third as character reference.
The owner sounds a bit bonkers but maybe he's got the new manager in to get rid of people without paying redundancy. High risk strategy, especially as the ex-manager has put things in place that have become customary, but it's clearly working.
They are not in breach of contract if ex-manager was giving discretionary add-ons without a formal contract variation. It depends how long that's been going on though.