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  • FIRST POST
    • Pugster
    • By Pugster 12th Mar 17, 10:23 AM
    • 87Posts
    • 7Thanks
    Pugster
    Many issues - grounds for leaving within notice period?
    • #1
    • 12th Mar 17, 10:23 AM
    Many issues - grounds for leaving within notice period? 12th Mar 17 at 10:23 AM
    Hi all,

    I am having quite a stressful time at work at the moment. The company I worked for (150 people) was acquired by a large multinational in September and over the past 3 months I have had a number of issues that I have been raising on a weekly and daily basis:
    • I have been underpaid on Jan and Feb basic wages - they have stated this will be rectified in my March pay
    • My bonus is outstanding
    • They have not paying my business expenses in a timely manor
    • They have delayed signing supplier contracts which is preventing me from doing my job

    I am very stressed by the financial situation and despite chasing and chasing, have still not heard back on a number of concerns.

    I am thinking of leaving, an have seen a new job I'm interested in - actually I could start there in 1 month. Based on the above do I have any grounds for constructive dismissal? I have a 3 month notice period, but I just want to get out within a month. They are underpaying me and witholding bonuses - it's quite a stress.

    I've been a great employee for the company and before acquisition was one of the rising stars. Now I just want out within a month if I can and pursue a new opportunity.

    Any advice would be appreciated.
    Last edited by Pugster; 13-03-2017 at 8:04 AM.
Page 1
    • Bogalot
    • By Bogalot 12th Mar 17, 10:40 AM
    • 999 Posts
    • 2,582 Thanks
    Bogalot
    • #2
    • 12th Mar 17, 10:40 AM
    • #2
    • 12th Mar 17, 10:40 AM
    Constructive dismissal is notoriously difficult to prove. Have you issued a grievance over your issues? That would be the first step if you wish to go down that route.

    If you want to leave in a month have you asked if you can do so? Unless your role has a long handover period employers don't generally like people hanging around beyond their useful period.
    • TBagpuss
    • By TBagpuss 12th Mar 17, 12:02 PM
    • 5,965 Posts
    • 7,713 Thanks
    TBagpuss
    • #3
    • 12th Mar 17, 12:02 PM
    • #3
    • 12th Mar 17, 12:02 PM
    As Bogalot says, constructive dismissal is hard to prove, you may may well do better to try to reach an agreement with your employer to shorten your notice period.

    Either way, raise a grievance over the unpaid bonus and wages.
    • Masomnia
    • By Masomnia 12th Mar 17, 12:50 PM
    • 17,045 Posts
    • 37,606 Thanks
    Masomnia
    • #4
    • 12th Mar 17, 12:50 PM
    • #4
    • 12th Mar 17, 12:50 PM
    It doesn't sound like grounds for a constructive dismissal to me. I'd suggest seeing if you do get your pay at the end of the month, and raise a formal grievance if not.

    Re the bonus be very careful, because the last place I worked we had a policy of not paying bonuses to people who had handed in their notice. So do check that before you do it.

    If you want to shorted your notice period then speak to your manager about leaving sooner. Breaching your contract won't help your case in terms of getting the above.
    “I could see that, if not actually disgruntled, he was far from being gruntled.” - P.G. Wodehouse
    • TELLIT01
    • By TELLIT01 12th Mar 17, 1:02 PM
    • 3,960 Posts
    • 4,061 Thanks
    TELLIT01
    • #5
    • 12th Mar 17, 1:02 PM
    • #5
    • 12th Mar 17, 1:02 PM
    Walking out without giving the correct notice isn't likely to help you to get the money which is currently owed to you.
    • lincroft1710
    • By lincroft1710 12th Mar 17, 2:58 PM
    • 9,760 Posts
    • 7,789 Thanks
    lincroft1710
    • #6
    • 12th Mar 17, 2:58 PM
    • #6
    • 12th Mar 17, 2:58 PM
    Are you definitely entitled to the bonus or is it discretionary?

    Unless it is affecting the day to day running of the business, it may not be in the company's best interests to sign supplier contracts immediately.

    Have other employees experienced incorrect pay, late or non payment of expenses or bonuses?
    • steampowered
    • By steampowered 12th Mar 17, 6:00 PM
    • 1,789 Posts
    • 1,700 Thanks
    steampowered
    • #7
    • 12th Mar 17, 6:00 PM
    • #7
    • 12th Mar 17, 6:00 PM
    You are telling us that the employer has failed to pay you correctly for 2 months; failed to pay a bonus for 2 months; and failed to pay expenses for 3 months.

    If that is true - and the money is now actually overdue, and you have repeatedly chased your employer - then that sounds like a fundamental breach of your employment contract by your employer to me, entitling you to terminate your employment contract immediately without giving prior notice.

    Of course if you do leave without giving notice, you probably won't get a good reference. You also need to check the terms of your bonus payment to be sure that resigning won't mean you forfeit your bonus.
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