Handed notice but boss mentioned recent promotion my be withdrawn

rav_

Jillanddy said:

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. 

You said they I announced I was to be promoted when that isn’t the case, I was promoted so you can start with that

Thrugelmir

rav_ said:

Jillanddy said:

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. 

You said they I announced I was to be promoted when that isn’t the case, I was promoted so you can start with that

The promotion could be rescinded. Hopefully no one has spotted you posting on MSE today rather than working.  As simply adds further ammunition. 

rav_

Thrugelmir said:

rav_ said:

Jillanddy said:

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. 

You said they I announced I was to be promoted when that isn’t the case, I was promoted so you can start with that

The promotion could be rescinded. Hopefully no one has spotted you posting on MSE today rather than working.  As simply adds further ammunition. 

Day off fella

JReacher1

Did you get a formal letter with the details of the pay rise? If you did they will probably honour it but if it is just a verbal offer then think that can rescind it. 

The whole thing probably depends on whether your salary has been updated already. If it has then doubt they’ll reduce it. If it hasn’t then doubt they’ll increase it!

Jillanddy

rav_ said:

Jillanddy said:

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. 

You said they I announced I was to be promoted when that isn’t the case, I was promoted so you can start with that

No that wasn't what I said.  It was what you said...
"it was literally announced to the team a few hours earlier in a team meeting"

Ath_Wat

Jillanddy said:

rav_ said:

Jillanddy said:

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. 

You said they I announced I was to be promoted when that isn’t the case, I was promoted so you can start with that

No that wasn't what I said.  It was what you said...
"it was literally announced to the team a few hours earlier in a team meeting"

To be fair what he has said there is that they announced his promotion to the team.  Nott hat they announced he was "to be" promoted.

As we have established the promotion was nothing but a job title and pay rise for doing the same work, he could well have been officially promoted well before it got announced to the team   I have been "promoted" in this way in the past and it took ages for the information to get through to other people, most of whom didn't care anyway when they heard it.

Ath_Wat

JReacher1 said:

The whole thing probably depends on whether your salary has been updated already. If it has then doubt they’ll reduce it. If it hasn’t then doubt they’ll increase it!

I'd concur with that.  Inertia will win the day.

rav_

JReacher1 said:

Did you get a formal letter with the details of the pay rise? If you did they will probably honour it but if it is just a verbal offer then think that can rescind it. 

The whole thing probably depends on whether your salary has been updated already. If it has then doubt they’ll reduce it. If it hasn’t then doubt they’ll increase it!

Haven’t had a pay day since it was done but screengrabbed the hr page to show the updated title so the salary should be updated

rav_

Jillanddy said:

rav_ said:

Jillanddy said:

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. 

You said they I announced I was to be promoted when that isn’t the case, I was promoted so you can start with that

No that wasn't what I said.  It was what you said...
"it was literally announced to the team a few hours earlier in a team meeting"

From the OP

“  a week earlier I got a promotion and substantial raise “

not about to, not due to start in the next month but got.

Jillanddy

rav_ said:

Jillanddy said:

rav_ said:

Jillanddy said:

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. 

You said they I announced I was to be promoted when that isn’t the case, I was promoted so you can start with that

No that wasn't what I said.  It was what you said...
"it was literally announced to the team a few hours earlier in a team meeting"

From the OP

“  a week earlier I got a promotion and substantial raise “

not about to, not due to start in the next month but got.

You aren't getting it. It doesn't matter what we think. It doesn't matter what you think. What matters is what the employer thinks and does. It really is easy to rescind the offer because you resigned. Whether or not they will is down to them. What you try to do about it is down to you. You appear to have decided,  so the only advice now is that if they rescind the offer you must advise them that you are rejecting their position and will take legal action if got don't get paid what you think you should be.  If you don't then the law says you have accepted the position and that will be the end of it.