Leaving long term employment issue with last pay

DTS2202

Hi everyone looking for some advice, I’ve been working for my current employer for nearly 7 years. As always I’ve been promised the world and promotion for past 3 years. About a year ago they promoted one of my colleagues and I’ve told myself that it was due to him starting working for this company 6 months before I did so I let it slide past. Last June I’ve got a phone call saying that the management haven’t forgotten about me and I’m finally getting promoted in July. July comes and the promotion went to someone else with less experience than me but he said he will leave the company if he doesn’t get it. So I kinda felt like I’m being slowly played around. After that other stuff came to light such as being told that I’m not gonna get some overtime due to my location and that it’s not cost efficient for me to travel 2 hours to a site and that my manager has few local lads which can do the job. So I kinda started to feel like I’m being bullied out of the company so I decided to start looking for a new job. At the beginning of this month I’ve handed my resignation and gave them more than required time notice. Since then I had been told that I won’t be given any overtime because I’m leaving the company and also had been removed from any emails regarding any extra shifts and work over Christmas period as I’m working in an industry which goes quite over the festive period. Today I’ve been told that I’ve got outstanding £1200 for the training which I haven’t even signed the training agreement for. And also the whole company received Christmas bonus for the commitment and performance for the whole year and I’ve been excluded from it because I’ve decided to quit. I would like to find out where am I standing regarding this whole situation. I’m currently without work on Christmas period and the company is withholding my last 2 weeks pay to cover the costs and they are refusing to consider me for any overtime to help to pay for said costs which I feel that it shouldn’t even be included due to the length of my service for said company. Kinda lost for words at this moment and looking for some suggestions on what to do next. 

Mrsn

Just a few thoughts…

firstly I would be reading through any paper work regarding the training course with a fine tooth comb. There is a chance that the company is entitled to claw back those costs if you leave within a certain timeframe of the training taken place.

secondly bonuses are usually “discretionary” and quiet often will not be paid once an employee has handed in their resignation. Unless you have a clause in your contract that says otherwise….

Thirdly there is nothing wrong with their stance of not wishing to offer you over time. You are choosing to leave the company for pastures new, it’s not unsurprising that they have chosen to remove any additional earning opportunities.

I sense you are feeling quiet aggrieved and there is clearly lots to the story. The short of it though is if you were hoping to hear constructive dismissal etc you are going to be very disappointed. Sorry 

DTS2202

So with the training courses the contracts states that there might be a training provided and a training agreement will be issued on the bottom of that said agreements says acceptance will be made via a form on a mobile app out of the 8 trainings I’ve only agreed to 2 of them but they still are trying to charge me for all of them. Are they still legally can charge me for all of them even though I’ve only accepted 2 of the said training agreements?

Secondly even though I’m leaving does that give an employer a right to discriminate and treat an employee differently? I do understand that the Christmas bonus is “discretionary” but paying everyone else and refusing to pay one due to certain circumstances isn’t that a text book definition of discrimination, I would understand if it was a new employee but not someone that’s been with the company for a couple of years and contributed to the growth of said company

I’m not gonna lie I am a bit frustrated with this situation and the timing but I do appreciate someone with a different perspective on the case. Thank you so much for your input.

Marcon

DTS2202 said:

Hi everyone looking for some advice, I’ve been working for my current employer for nearly 7 years. As always I’ve been promised the world and promotion for past 3 years. About a year ago they promoted one of my colleagues and I’ve told myself that it was due to him starting working for this company 6 months before I did so I let it slide past. Last June I’ve got a phone call saying that the management haven’t forgotten about me and I’m finally getting promoted in July. July comes and the promotion went to someone else with less experience than me but he said he will leave the company if he doesn’t get it. So I kinda felt like I’m being slowly played around. Did you ask, or take any action to indicate you were dismayed/disappointed? I wonder what would have happened if you'd given the same ultimatum - and I also wonder why you didn't do so?

After that other stuff came to light such as being told that I’m not gonna get some overtime due to my location and that it’s not cost efficient for me to travel 2 hours to a site and that my manager has few local lads which can do the job. So I kinda started to feel like I’m being bullied out of the company so I decided to start looking for a new job. I don't think from what you've said there is any evidence of bullying; that's not an unreasonable commercial decision.

At the beginning of this month I’ve handed my resignation and gave them more than required time notice. Since then I had been told that I won’t be given any overtime because I’m leaving the company and also had been removed from any emails regarding any extra shifts and work over Christmas period as I’m working in an industry which goes quite over the festive period. If the industry goes quiet, then possibly nobody is going to get much extra work - and it's not unreasonable that any available would be offered to employees who are (at least currently) remaining with this employer.

Today I’ve been told that I’ve got outstanding £1200 for the training which I haven’t even signed the training agreement for. This one certainly is worth investigating. Not clear - have you actually had the training/ and/or has the company incurred £1,200 of costs? What, if anything, has been agreed either in your original contract or subsequently about repayment of costs?

And also the whole company received Christmas bonus for the commitment and performance for the whole year and I’ve been excluded from it because I’ve decided to quit. That, sadly, is quite normal. Bonuses are designed to reward and motivate, and for that reason almost always exclude employees who are working their notice period at the time the bonus is paid. As suggested above, check the paperwork, but I fear that's what you will find, especially if the bonus is discretionary (as is highly likely).

I would like to find out where am I standing regarding this whole situation. I’m currently without work on Christmas period and the company is withholding my last 2 weeks pay to cover the costs and they are refusing to consider me for any overtime to help to pay for said costs which I feel that it shouldn’t even be included due to the length of my service for said company. Kinda lost for words at this moment and looking for some suggestions on what to do next. 

I'm really sorry you are in this situation, especially so close to Christmas, but nothing in your post suggests the company is doing anything wrong except possibly the issue of training costs.

Marcon

DTS2202 said:

So with the training courses the contracts states that there might be a training provided and a training agreement will be issued on the bottom of that said agreements says acceptance will be made via a form on a mobile app out of the 8 trainings I’ve only agreed to 2 of them but they still are trying to charge me for all of them. Are they still legally can charge me for all of them even though I’ve only accepted 2 of the said training agreements?

Secondly even though I’m leaving does that give an employer a right to discriminate and treat an employee differently? I do understand that the Christmas bonus is “discretionary” but paying everyone else and refusing to pay one due to certain circumstances isn’t that a text book definition of discrimination, I would understand if it was a new employee but not someone that’s been with the company for a couple of years and contributed to the growth of said company

I’m not gonna lie I am a bit frustrated with this situation and the timing but I do appreciate someone with a different perspective on the case. Thank you so much for your input.

It may indeed be discrimination, but it's not unlawful discrimination if the same approach would be taken with all employees. You aren't being denied a bonus on grounds of race, gender or other 'protected characteristic' - you are being denied a bonus because you are leaving. Indeed, it was your own action - resigning when you did - that created this situation. That's why so many people resign in January, once they know Christmas bonuses are safely in their bank account! I appreciate that's no help to you now, but it's worth keeping in mind for the future.

TELLIT01

I don't think the cost of training can be recovered unless the employee has agree to repay the cost of a specific course.  I don't think the company can have a blanket t&c which says that all training costs will have to be repaid if the employee leaves within x years of the training.

Bonuses are different as they are almost always discretionary.  Many companies do not pay them if the person has handed in their notice, or left, before the date the bonus is due to be paid.

DTS2202

Well before every training they send us a training agreement. Which breaks down the costs of the training if left within 12 months. Out of the 8 training they trying to charge me I only accepted 2 of them in writing the rest haven’t been signed. Am I right to think that by law they can only charge me for the 2 that I signed or all 8 of them?

DTS2202

Marcon said:

DTS2202 said:

So with the training courses the contracts states that there might be a training provided and a training agreement will be issued on the bottom of that said agreements says acceptance will be made via a form on a mobile app out of the 8 trainings I’ve only agreed to 2 of them but they still are trying to charge me for all of them. Are they still legally can charge me for all of them even though I’ve only accepted 2 of the said training agreements?

Secondly even though I’m leaving does that give an employer a right to discriminate and treat an employee differently? I do understand that the Christmas bonus is “discretionary” but paying everyone else and refusing to pay one due to certain circumstances isn’t that a text book definition of discrimination, I would understand if it was a new employee but not someone that’s been with the company for a couple of years and contributed to the growth of said company

I’m not gonna lie I am a bit frustrated with this situation and the timing but I do appreciate someone with a different perspective on the case. Thank you so much for your input.

It may indeed be discrimination, but it's not unlawful discrimination if the same approach would be taken with all employees. You aren't being denied a bonus on grounds of race, gender or other 'protected characteristic' - you are being denied a bonus because you are leaving. Indeed, it was your own action - resigning when you did - that created this situation. That's why so many people resign in January, once they know Christmas bonuses are safely in their bank account! I appreciate that's no help to you now, but it's worth keeping in mind for the future.

I wished I knew that then I would resign in January well another life lesson learned

penners324

How many training courses did you go on? When were they?

It's the courses you actually went on that matters not the 'training agreement'