How to get paid off...any tips?

[sianyb83]

Long story short...
Went on mat.leave, they never got a mat cover and just got an agency to cover my work. Whilst off they advertised another similar job to mine, but perm and different title.
I returned and was encouraged to move into new role...I thought I was informally helping, but it quickly became a complete job change (where my colleague became my manager). My old job has been vacant ever since (6 month later). I never applied or interview for this new role. Or even got a change in con
I've tried and tried in new role but can't continue in it, the job is not my skill set and I struggle with my manager.
I've now found a new role - and hope to start asap.

My dilemma is I feel if I just resigned and walk away I am letting them off pretty easy - as I feel they've orchestrated the above to get me out, and its worked.

I think its reasonable under the circumstances to ask to leave role immediately and get my notice as garden leave.

My friend who works in HR has signed I should file a grievance - but I'd rather avoid all that and would hope the company would too.

I just want to leave quickly and with some payment to over the gap.

I have accrued a large bonus this year (about 7k) which I am forgoing by leaving now (due in march). I know I wouldn't get this honored, but think some trade off is fair under circumstances.

Hi - ok, am going to try and give you some pointers here but not sure you will like the view! I am pretty surprised at the advice to raise a grievance as I am not sure what the actual complaint amounts to.

You've been in a job for the last 6 months that you don't really like or want to do

• how long was your mat leave? If you took more than 26 weeks, your employer is required to put you in a role that is equivalent and no worse off in terms of T&Cs. You don't mention an issue with this, so assume it is?
• have you raised this before now?
• do you have a suggestion for what you want to do (other than leave?) that they could actually accommodate?

To be perfectly honest, you have a new job - take it, go and be happy. No employer is changing their employees to the desk - you are totally free to exercise your right to move on.

I am not sure there is enough here to suggest any "circumstances " that need to be compensated for.
You don't sound like there are any performance issues they are raising with you - so from their point of view, why would they let someone go immediately, leaving them with a gap to fill (assuming you do work that has to be carried on) and then pay you to not work whilst having to find someone else!?

I know what my response would be...

So, my honest suggestion is to work out when you want to start your new job and have a conversation about a mutual early release. Unless there are more material facts you haven't included here, it is just not a commercial decision for them to do what you have suggested.

Start the new job and chalk this one up to experience.

Good luck

From an HRD

I don’t understand. Your old role is still there? Why aren’t you in it? If you don’t like this new role you were “encouraged” into, did you ask to move back? What did they say?

The only reason an employer will pay you off is because they perceive there is a vulnerability to a legal claim of some kind. If you resign because you have a new job to go to and have no point raised even a grievance, they are not vulnerable legally so have no incentive to pay you off.

It’s a commercial decision. And if you aren’t even sufficiently motivated to raise a grievance, they are not going to believe you’ll go through with a tribunal claim.

I'm not seeing anything they have done that needs to be challenged through tribunal, or why they would get you to leave early and pay you off.
Is there more to this that happened before maternity leave?

Well, 2 months into my maternity leave they advertised a role containing at least 50% of my (then) role.
They didn't contact me to tell me about this new role and how it would impact me or allow me to apply. I just saw it on linkedin.

They found a candidate, but then cover hit so they halted all recruited.

I think this in itself is illegal?

The role they've put me in is a different dept (I was marketing, this role is sales) I never applied, interview or have even received a contract for this my new role.

My old job has been vacant for 12months now - and its not been refilled or even advertised. They clearly have made it redundant, without making me redundant or even consulting me in the process.

Covid* not cover!

My issue is that they should've;

a. contacted me to let me know they were advertising a role whilst I was on maternity leave, especially one that contained 50% of my responsibilities (lets call this job X)

b. if their plan was to get rid of my old role, job Y, I should've been consulted and given option to be redeployed else were or given a few weeks pay to leave.

c. My being pushed into an alternative role, call it job Z, I've been set up to fail as it isn't my skill set - I've gone from having complete autonomy to now not being able to send an email without my manager proofreading it. He WhatsApps me during meeting telling to stop talking, say this or that. It feels very much like a demotion (my now manager was my peer previously), I do understand this is hard to prove though.

I'm now left in a position when I can't return to job Y, my old job, as its been shared out to other team members, they are likely going to open up job X again but they've requested a very specific, technical skill which I don't have. And the role I've been moved into, job Z, is awful and makes me cry most days.

I have a 5yo and 1yo, plus covid, just moved house etc - I'd much much prefer to stay with my current company - but feel so embarrassed and humiliated by all this I just can't.

”a. contacted me to let me know they were advertising a role whilst I was on maternity leave, especially one that contained 50% of my responsibilities (lets call this job X)”

Yes they should have done. Did you complain about that at the time or ask about applying?

”b. if their plan was to get rid of my old role, job Y, I should've been consulted and given option to be redeployed else were or given a few weeks pay to leave.”

Yes, they should have consulted you, or, if they didn’t feel it was reasonably practicable to return you to that role, tell you that and explain why. You say you were “encouraged” into a new role. Did the question of your old role not even come up? Did they not explain why they were “encouraging” this?

”c. My being pushed into an alternative role, call it job Z, I've been set up to fail as it isn't my skill set”

Presumably they would say you agreed to it, and if you felt you didn’t have the skills, this should have been discussed at the time. It would be incredibly unlikely for an organisation to deliberately set someone up to fail in a job and leave them in that role for months. If they wanted you to fail at it, I would expect there to have been robust performance management during that time, and for you to be on formal warnings by now.

”I've gone from having complete autonomy to now not being able to send an email without my manager proofreading it. He WhatsApps me during meeting telling to stop talking, say this or that. It feels very much like a demotion (my now manager was my peer previously), I do understand this is hard to prove though.”

That sounds like an issue with the manager which could happen in any job.

You may have legitimate grounds for complaint about some of this. But that doesn’t translate to any kind of legal claim. It’s too long ago- you have three months to bring a claim of pregnancy/maternity - related discrimination and it sounds like you are way past time, and didn’t even raise a grievance at the time let alone take anything further. The time to react/resist your redeployment was at the time it happened, not several months down the line.

You have a new job and can move on. That’s really positive, so focus on that.

I wonder if you may not experience rather similar problems in your new job, or maybe any job.

It doesn't sound as if there is any real problem other than you are not happy, and expect far too much from an employer.

My dilemma is I feel if I just resigned and walk away I am letting them off pretty easy - as I feel they've orchestrated the above to get me out, and its worked.

Putting yourself through the stress of a tribunal claim when you have secured a new role, just to get back at your former employer is a poor use of mental energy and finances. If you haven't even gone through their internal grievance process then even less likelihood that a tribunal action can ever succeed or even get to court.

An employer will only do something if they have to do something, and based on where you're at, with no grievance process having been enacted, and a new job in hand, the likelihood of them doing anything is non existent.

It's worth remembering that tribunals are there to reinstate someone's financial position to what it should have been before the employer broke employment law (including any emotional restitution in the case of discrimination), they aren't there as a vehicle of vengeance or to "teach them a lesson" or to give the claimant a nice chunk of cash.

The fact you have managed to secure a new job shows you're employable, which a Tribunal would consider when looking at "what you have actually lost".

He WhatsApps me during meeting telling to stop talking, say this or that.

Why are you looking at WhatsApp in a meeting? I would remove your manager off all social media, and switch off your phone when you're in a business meeting, then you can blank out his attempts to micromanage you.

I guess what I am really looking for is pay in lieu of notice.

My company frequently pay people out, its an American company so they just like people gone. It rare for someone to work their notice period.

I work on a very busy, under resourced team - and this is our busiest time or year - so I'm sure I'll be made to work it, unless things were uncomfortable.

@daisychain01

we have WhatsApp on our work phones, we use it to communicate as a team as we are a pan European team and this suits everyone.

I can't turn off my phone as I'm using it to speak as 100% of my meeting are remote now, like everyone else in the country?!?!

Even if the employer was deemed to have acted illegally, any "payoff" would be based on your loss of earnings. If you've gone straight into another job you won't be able to demonstrate any loss of earnings.

I don't mean pay off by a tribunal.

I mean getting a payment of some kind from my employer to compensate me for the fact I was moved out of a job I liked and was suited to, for a job that isn't suited to me that I need to leave.

As previously mentioned, I'm walking away from a 6-7k bonus.

Your bonus is probably non contractual, so either stay for another 4 months and hope you get it, or negotiate an early leaving

I mean getting a payment of some kind from my employer to compensate me for the fact I was moved out of a job I liked and was suited to, for a job that isn't suited to me that I need to leave

The only reason to give you a payoff from their perspective is to avoid a tribunal case. If they think you have a case they would normally offer you somewhat less than you might expect to get in tribunal. If any tribunal award would be minimal as you already have a new job, there is no incentive for them to offer you anything.

My friend who works in HR has signed I should file a grievance - but I'd rather avoid all that and would hope the company would too.

As previously mentioned, I'm walking away from a 6-7k bonus.

I would take your HR friend's advice and submit a grievance. It's the only way of formally laying out to your employer what you aren't happy about and enabling them to assess your situation. The only way to gain traction is for your grievance to be on the basis of discrimination, if you believe it was your mat leave that was the reason they were able to take you out of your original role and place into a role you believe to be unsuitable.

It isn't clear why you had to walk away from your significant bonus, not from what you've written in this thread. They would argue that was your choice and nothing they have done.

@daisychain01

Yes I am thinking the same...

In terms of walking away from bonus, its only because I plan to leave to start this new job. my new role is about 7k more per year so would offset some of the loss.

To qualify for this bonus, I'd need to stay until march payday. It is accrued jan-dec, but they pay it out in march.

Was considering walking away from it as really excited about new role - its a bigger company, better month to month salary, better title, more interesting role.

But current role is do-able, and easy to manage around my childcare etc. So I don't know whether to just stick it out. If I went down the grievance route they might take action before march and offer me early payment to leave if they felt I was being a pain in the neck.

It's a horrible situation but I think any grievance will just stress you out.

When I was made redundant my employer acted really poorly and I think probably illegally (or whatever the relevant word is) by making me redundant on the spot and not putting me in a redundancy pool by my colleague who did the same job.

I would've had a case. However I got a new job within two weeks. It was lower paid per annum but I was doing more hours so it wasn't technically less - so it wasn't clear if I'd actually be due any compensation. The thought of all that stress of taking them to tribunal... I decided the best revenge was to walk away happy and not give them another thought.

I would highly recommend that option!

They may put you on gardening leave anyway.

I don't feel a grievance necessarily has to stress @sianyb83 out. If she feels she has a strong case then it could feel empowering.

Be aware that the last example of discrimination - if that's the route she wishes to take - must be within 3 months for it to be accepted at Tribunal.

Not wishing to necessarily drive towards that route, it's how it will appear to the employer that counts.

Honestly, you just sound grabby. Trying to get something for nothing. You've kept quiet about everything until now when you have lined up a new role. At any stage have you actually said you want to go back to your old role?

@InescapableDeath you do have a very good point, that happiness is a really important consideration in any employment decision. @sianyb83 can at least make her decision from a position of strength, with a job in hand and the ability to walk away.

I was somewhat responding to her point about losing out on a £7K bonus but if it is balanced by an improved new job offer, then it's a decision only she can take.

If I were at a different stage in life I would just say f**k it and leave.

But, I am main breadwinner and have two young kids/ childcare needs etc...if I sound grabby its because I've been put in an uncomfortable position to suit the needs of the company and ultimately all the issues I'm facing stem from me taking 7 months maternity leave.

I'd love a fresh start and new challenge but I know by just leaving I'm making their life very easy.

I might just be direct and had notice in, detailing all the above in my notice letter and ask for my 4 week notice to be reduced to 2 weeks.

They might be kind and allow me to take it as garden leave/ payment in lieu of notice or similar.

As a part of submitting a grievance you should detail what action you would like the company to take in regards to your claims. You could submit a grievance and resignation letter together and ask they agree to put you on garden leave during your notice period/grievance investigation. As stated above, the company is under no obligation to agree but they may decide to make a payment in lieu of notice and release you early to make the issue go away. As has been stated, it's common to do this with sales teams anyway.