Am I overthinking my resignation?

mg3091

mg3091

mg3091

Associate
Joined
15 Oct 2012
Posts
141
Location
Peterborough
Hi all, I’ll keep it as short and simple as possible.

Been in my current job for the past year (October 22, 2020) as a forklift driver, I’ve found a new job which I’ve accepted, I’m due to be contacted by the new company on November 18th once they’ve heard what happens with regards to being funded for training.
Either way, I’m in regardless.

my current employer was very late and lazy regarding my contract, as in I didn’t receive it until a couple of weeks ago, so it hasn’t been signed and returned so surely it isn’t legally binding? I also had not had pension contributions taken out of my wages for the past 10 months give or take, these payments are now being taken (far too late)

I am wondering whether I am required to give the required notice (4 weeks) or not, I’m not clued up on the legal side of things, I am paid monthly also.

I don’t intend to go about this the wrong way and screw anybody over, could anybody who is a little more clued up on employment law shed some light on my situation please?
 
Bouton Aide said:
Never burn your bridges, I was asked to go back to 2 places that I left on a good note. No problems with the companies at all but left for more pay as they wouldn't up the pay I was been paid for the job I was doing.
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Out of interest when you were asked to come back was the pay suddenly better or the same?
 
Maccapacca said:
I'd give reasonable notice, never burn your bridges.
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If this is contract work....I don't see the problem here.

I was contracting years ago....they were really sloppy about sorting out my renewal and as such ended up getting to a couple days before it was up, and I accepted an offer elsewhere.

I did apologise for the short notice when I told them I'm finishing the following day....but that's contract work. If you want notice periods, then employ people.
 
AFAIK there is a kinda default notice period if you're not working under contract (I'm no lawyer though) - IIRC you must give at least a week if you've been working for more than a month and if you're paid monthly then reasonable to assume you give a month.

Note you've also received a contract now, even if not signed yet, you know you're working under that contract so it would be a bit sus to claim otherwise. I'd do the 4 weeks if I were you.

If you didn't then probably nothing would happen as it's not really worthwhile chasing this stuff (aside from burning bridges at the current employer) but in theory, they could sue you AFAIK.
 
I'd be more concerned about the pension contributions, if they haven't been deducting these from your pay are you sure they have been paying employer contributions into your pension? I believe a minimum of 3% employer contribution is mandatory on top of whatever you were supposed to be contributing.
Look into this to make sure you aren't being screwed over.
 
HangTime said:
I'd be more concerned about the pension contributions, if they haven't been deducting these from your pay are you sure they have been paying employer contributions into your pension? I believe a minimum of 3% employer contribution is mandatory on top of whatever you were supposed to be contributing.
Look into this to make sure you aren't being screwed over.
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lol, thread about how to screw over employer becomes how to ensure employee isn't being screwed over!
 
HangTime said:
I'd be more concerned about the pension contributions, if they haven't been deducting these from your pay are you sure they have been paying employer contributions into your pension? I believe a minimum of 3% employer contribution is mandatory on top of whatever you were supposed to be contributing.
Look into this to make sure you aren't being screwed over.
Click to expand...

I would need to check my wage slips but as far as I’m aware I haven’t been getting them for the first 9 months ish, I hadn’t been given an option to opt out either, I was happy for these payments to be made. I can’t imagine they have been paid tbh
 
gov.uk said:
Joining a workplace pension
All employers must provide a workplace pension scheme. This is called ‘automatic enrolment’.

Your employer must automatically enrol you into a pension scheme and make contributions to your pension if all of the following apply:

When your employer does not have to automatically enrol you
Your employer usually does not have to automatically enrol you if you do not meet the previous criteria or if any of the following apply:

  • you’ve already given notice to your employer that you’re leaving your job, or they’ve given you notice
  • you have evidence of your lifetime allowance protection (for example, a certificate from HMRC)
  • you’ve already taken a pension that meets the automatic enrolment rules and your employer arranged it
  • you get a one-off payment from a workplace pension scheme that’s closed (a ‘winding up lump sum’), and then leave and rejoin the same job within 12 months of getting the payment
  • more than 12 months before your staging date, you left (‘opted out’) of a pension arranged through your employer
  • you’re from an EU member state and in an EU cross-border pension scheme
  • you’re in a limited liability partnership
  • you’re a director without an employment contract and employ at least one other person in your company
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MissChief said:
Ridiculous that they both thought you’d come back after leaving for better paid positions!
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Many people in business have an arrogance that makes them believe "they'll come back in no time". They genuinely believe you are lucky to work for them, never a good foundation for a career.
 
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