Handed notice but boss mentioned recent promotion my be withdrawn

Thrugelmir

rav_ said:

The promotion was effective 10 days before I handed my notice in, so it wasn’t a promise of one it was confirmation that it had happened so a withdrawn of it from my legal knowledge would be breach of contract so I can leave immediately and sue

The world of business is extremely small, personally I wouldn't burn bridges. As you never know when you'll cross paths with people in the future. As you are already leaving there's little point in pursuing a constructive dismissal claim. Perhaps your employer will waive your notice period and allow you to start your new job earlier. 

rav_

Thrugelmir said:

rav_ said:

The promotion was effective 10 days before I handed my notice in, so it wasn’t a promise of one it was confirmation that it had happened so a withdrawn of it from my legal knowledge would be breach of contract so I can leave immediately and sue

The world of business is extremely small, personally I wouldn't burn bridges. As you never know when you'll cross paths with people in the future. As you are already leaving there's little point in pursuing a constructive dismissal claim. Perhaps your employer will waive your notice period and allow you to start your new job earlier. 

Oh I’d rather not sue them but if they try to force me to do the three months on the lower salary when I’ve had a bigger salary come into effect before then I’ve no choice really, im fine with doing the 3 months but not if they try to shaft me financially, as I can’t see them waiving the notice period as there is someone else on the team who handed their notice a week earlier and he’s doing the full 3 months (fyi he got a promotion last year so that wasn’t a factor)

Thrugelmir

rav_ said:

Thrugelmir said:

rav_ said:

The promotion was effective 10 days before I handed my notice in, so it wasn’t a promise of one it was confirmation that it had happened so a withdrawn of it from my legal knowledge would be breach of contract so I can leave immediately and sue

The world of business is extremely small, personally I wouldn't burn bridges. As you never know when you'll cross paths with people in the future. As you are already leaving there's little point in pursuing a constructive dismissal claim. Perhaps your employer will waive your notice period and allow you to start your new job earlier. 

Oh I’d rather not sue them but if they try to force me to do the three months on the lower salary when I’ve had a bigger salary come into effect before then I’ve no choice really, im fine with doing the 3 months but not if they try to shaft me financially, as I can’t see them waiving the notice period as there is someone else on the team who handed their notice a week earlier and he’s doing the full 3 months (fyi he got a promotion last year so that wasn’t a factor)

They are not shafting you. You have resigned. They are withdrawing the promotion. Why should you get paid for a role that you aren't going to fulfill or show any committment to. Employers pay for your labour not just for you to turn up. 

rav_

Thrugelmir said:

rav_ said:

Thrugelmir said:

rav_ said:

The promotion was effective 10 days before I handed my notice in, so it wasn’t a promise of one it was confirmation that it had happened so a withdrawn of it from my legal knowledge would be breach of contract so I can leave immediately and sue

The world of business is extremely small, personally I wouldn't burn bridges. As you never know when you'll cross paths with people in the future. As you are already leaving there's little point in pursuing a constructive dismissal claim. Perhaps your employer will waive your notice period and allow you to start your new job earlier. 

Oh I’d rather not sue them but if they try to force me to do the three months on the lower salary when I’ve had a bigger salary come into effect before then I’ve no choice really, im fine with doing the 3 months but not if they try to shaft me financially, as I can’t see them waiving the notice period as there is someone else on the team who handed their notice a week earlier and he’s doing the full 3 months (fyi he got a promotion last year so that wasn’t a factor)

They are not shafting you. You have resigned. They are withdrawing the promotion. Why should you get paid for a role that you aren't going to fulfill or show any committment to. Employers pay for your labour not just for you to turn up. 

The promotion was already given, signed off and confirmed, they can’t just take it back otherwise anybody who’s leaving a company can just get downgraded to their initial salary, and as said earlier there isn’t actually any extra responsibilities with this role

NCC1701-A

rav_ said:

Thrugelmir said:

rav_ said:

Thrugelmir said:

rav_ said:

The promotion was effective 10 days before I handed my notice in, so it wasn’t a promise of one it was confirmation that it had happened so a withdrawn of it from my legal knowledge would be breach of contract so I can leave immediately and sue

The world of business is extremely small, personally I wouldn't burn bridges. As you never know when you'll cross paths with people in the future. As you are already leaving there's little point in pursuing a constructive dismissal claim. Perhaps your employer will waive your notice period and allow you to start your new job earlier. 

Oh I’d rather not sue them but if they try to force me to do the three months on the lower salary when I’ve had a bigger salary come into effect before then I’ve no choice really, im fine with doing the 3 months but not if they try to shaft me financially, as I can’t see them waiving the notice period as there is someone else on the team who handed their notice a week earlier and he’s doing the full 3 months (fyi he got a promotion last year so that wasn’t a factor)

They are not shafting you. You have resigned. They are withdrawing the promotion. Why should you get paid for a role that you aren't going to fulfill or show any committment to. Employers pay for your labour not just for you to turn up. 

The promotion was already given, signed off and confirmed, they can’t just take it back otherwise anybody who’s leaving a company can just get downgraded to their initial salary, and as said earlier there isn’t actually any extra responsibilities with this role

There are plenty of ways a company can do it, walking out claiming constructive dismissal, having previously resigned, doesn't sound like a solid plan to me.  Jaw jaw is better than war, war.

74jax

rav_ said:

Thrugelmir said:

rav_ said:

Thrugelmir said:

rav_ said:

The promotion was effective 10 days before I handed my notice in, so it wasn’t a promise of one it was confirmation that it had happened so a withdrawn of it from my legal knowledge would be breach of contract so I can leave immediately and sue

The world of business is extremely small, personally I wouldn't burn bridges. As you never know when you'll cross paths with people in the future. As you are already leaving there's little point in pursuing a constructive dismissal claim. Perhaps your employer will waive your notice period and allow you to start your new job earlier. 

Oh I’d rather not sue them but if they try to force me to do the three months on the lower salary when I’ve had a bigger salary come into effect before then I’ve no choice really, im fine with doing the 3 months but not if they try to shaft me financially, as I can’t see them waiving the notice period as there is someone else on the team who handed their notice a week earlier and he’s doing the full 3 months (fyi he got a promotion last year so that wasn’t a factor)

They are not shafting you. You have resigned. They are withdrawing the promotion. Why should you get paid for a role that you aren't going to fulfill or show any committment to. Employers pay for your labour not just for you to turn up. 

The promotion was already given, signed off and confirmed, they can’t just take it back otherwise anybody who’s leaving a company can just get downgraded to their initial salary, and as said earlier there isn’t actually any extra responsibilities with this role

So what is the actual question then as your OP asks -
But seeing as the internal systems have the improved job title and it was literally announced to the team a few hours earlier in a team meeting can they actually do that.

However, you have just posted the point above, so I'm confused over your question, can what be done? 

Ath_Wat

Thrugelmir said:

rav_ said:

Thrugelmir said:

rav_ said:

The promotion was effective 10 days before I handed my notice in, so it wasn’t a promise of one it was confirmation that it had happened so a withdrawn of it from my legal knowledge would be breach of contract so I can leave immediately and sue

The world of business is extremely small, personally I wouldn't burn bridges. As you never know when you'll cross paths with people in the future. As you are already leaving there's little point in pursuing a constructive dismissal claim. Perhaps your employer will waive your notice period and allow you to start your new job earlier. 

Oh I’d rather not sue them but if they try to force me to do the three months on the lower salary when I’ve had a bigger salary come into effect before then I’ve no choice really, im fine with doing the 3 months but not if they try to shaft me financially, as I can’t see them waiving the notice period as there is someone else on the team who handed their notice a week earlier and he’s doing the full 3 months (fyi he got a promotion last year so that wasn’t a factor)

They are not shafting you. You have resigned. They are withdrawing the promotion. Why should you get paid for a role that you aren't going to fulfill or show any committment to. Employers pay for your labour not just for you to turn up. 

Well he answered that.  There is no material change to his role involved in the promotion.  Basically, it was just a pay rise.  I think in that case they really should honour it.  They could ask him to leave early, which he seems fine with.

Jillanddy

The promotion was already given, signed off and confirmed, they can’t just take it back otherwise anybody who’s leaving a company can just get downgraded to their initial salary, and as said earlier there isn’t actually any extra responsibilities with this role

Your argument is spurious. It may have been "signed off" but there is no "signed off" in law. They had announced it to your colleagues only hours before you handed in your notice. So it hadn't been "done and dusted", which also isn't a legal concept. History, what tasks you were undertaking in the past etc are all red herrings. They announced you were to be promoted and then you resigned. Rescinding a contract due to changed circumstances is both lawful and commonplace. You aren't being "downgraded" to your initial salary, because you have not yet received anything more than your current salary, which you may remain on until you leave. But you don't even know that, because all that has happened is that somebody has mentioned something about HR not being happy (and I don't blame them if they aren't).

So basically you posted something that hadn't happened, quite certain already what you intended to do about it, and commenced arguing with anyone who didn't agree with you. You may or may not be correct in your understanding of the law - there are many actual facts that aren't available for us to assess. That said, I don't believe that you are right, based on what you have said here. But that's irrelevant. You have mad up your mind - made it up before you have posted. And are ignoring the very pertinent points being made about what other costs may devolve to you if you need a reference or any other favour from this employer again, all over threatening to take them to court for a minute amount of money. So probably the best thing to do is to tell them now that you reject any attempt to "reduce your salary" (you must do that in order to have any chance of winning a legal argument) and that you intend to breach your contract by walking out (two wrongs don't make a right in law - they could sue you for that alone) and suing them for money that you haven't earned because you walked out without notice. You may find they will be amenable to you leaving immediately. Probably without the pay rise, but definitely without any good will or potential future prospects with them. 

rav_

Jillanddy said:

The promotion was already given, signed off and confirmed, they can’t just take it back otherwise anybody who’s leaving a company can just get downgraded to their initial salary, and as said earlier there isn’t actually any extra responsibilities with this role

Your argument is spurious. It may have been "signed off" but there is no "signed off" in law. They had announced it to your colleagues only hours before you handed in your notice. So it hadn't been "done and dusted", which also isn't a legal concept. History, what tasks you were undertaking in the past etc are all red herrings. They announced you were to be promoted and then you resigned. Rescinding a contract due to changed circumstances is both lawful and commonplace. You aren't being "downgraded" to your initial salary, because you have not yet received anything more than your current salary, which you may remain on until you leave. But you don't even know that, because all that has happened is that somebody has mentioned something about HR not being happy (and I don't blame them if they aren't).

So basically you posted something that hadn't happened, quite certain already what you intended to do about it, and commenced arguing with anyone who didn't agree with you. You may or may not be correct in your understanding of the law - there are many actual facts that aren't available for us to assess. That said, I don't believe that you are right, based on what you have said here. But that's irrelevant. You have mad up your mind - made it up before you have posted. And are ignoring the very pertinent points being made about what other costs may devolve to you if you need a reference or any other favour from this employer again, all over threatening to take them to court for a minute amount of money. So probably the best thing to do is to tell them now that you reject any attempt to "reduce your salary" (you must do that in order to have any chance of winning a legal argument) and that you intend to breach your contract by walking out (two wrongs don't make a right in law - they could sue you for that alone) and suing them for money that you haven't earned because you walked out without notice. You may find they will be amenable to you leaving immediately. Probably without the pay rise, but definitely without any good will or potential future prospects with them. 

It was all done effective 10 days before I handed my notice in, it wasn’t a ‘your new promotion/pay rise begins 1st may’ type situation where they can withdraw it (and I wouldn’t have an issue with that), it had already happened and unless there is some sort of grace period I can’t see any reason why they can do an about turn on it as it’s not a discretionary thing, if you get your bonus and you hand your notice in that day they can’t deduct it from your future paycheques back so not sure how this is different (and yes I am due a bonus this month and I wouldn’t argue at all if that is withdrawn unless there is a no specification of a notice period exemption in my contract)

and yes it’s the increased salary bit that is what I’m bothered about, not so much the title as it’s much better in the new job. And there is no chance they let me go early enough to make it worth my while as I have a large handover to do, if it was the end of the week/month I could leave I’d be fine without that with the increased pay bar the 10 days where I was on an increased rate (as they’d have to pay that), it’s about 5k in the 3 months so hardly a tiny amount!

Jillanddy

rav_ said:

Jillanddy said:

The promotion was already given, signed off and confirmed, they can’t just take it back otherwise anybody who’s leaving a company can just get downgraded to their initial salary, and as said earlier there isn’t actually any extra responsibilities with this role

Your argument is spurious. It may have been "signed off" but there is no "signed off" in law. They had announced it to your colleagues only hours before you handed in your notice. So it hadn't been "done and dusted", which also isn't a legal concept. History, what tasks you were undertaking in the past etc are all red herrings. They announced you were to be promoted and then you resigned. Rescinding a contract due to changed circumstances is both lawful and commonplace. You aren't being "downgraded" to your initial salary, because you have not yet received anything more than your current salary, which you may remain on until you leave. But you don't even know that, because all that has happened is that somebody has mentioned something about HR not being happy (and I don't blame them if they aren't).

So basically you posted something that hadn't happened, quite certain already what you intended to do about it, and commenced arguing with anyone who didn't agree with you. You may or may not be correct in your understanding of the law - there are many actual facts that aren't available for us to assess. That said, I don't believe that you are right, based on what you have said here. But that's irrelevant. You have mad up your mind - made it up before you have posted. And are ignoring the very pertinent points being made about what other costs may devolve to you if you need a reference or any other favour from this employer again, all over threatening to take them to court for a minute amount of money. So probably the best thing to do is to tell them now that you reject any attempt to "reduce your salary" (you must do that in order to have any chance of winning a legal argument) and that you intend to breach your contract by walking out (two wrongs don't make a right in law - they could sue you for that alone) and suing them for money that you haven't earned because you walked out without notice. You may find they will be amenable to you leaving immediately. Probably without the pay rise, but definitely without any good will or potential future prospects with them. 

It was all done effective 10 days before I handed my notice in, it wasn’t a ‘your new promotion/pay rise begins 1st may’ type situation where they can withdraw it (and I wouldn’t have an issue with that), it had already happened and unless there is some sort of grace period I can’t see any reason why they can do an about turn on it as it’s not a discretionary thing, if you get your bonus and you hand your notice in that day they can’t deduct it from your future paycheques back so not sure how this is different (and yes I am due a bonus this month and I wouldn’t argue at all if that is withdrawn unless there is a no specification of a notice period exemption in my contract)

and yes it’s the increased salary bit that is what I’m bothered about, not so much the title as it’s much better in the new job. And there is no chance they let me go early enough to make it worth my while as I have a large handover to do, if it was the end of the week/month I could leave I’d be fine without that with the increased pay bar the 10 days where I was on an increased rate (as they’d have to pay that), it’s about 5k in the 3 months so hardly a tiny amount!

That doesn't change anything I said.