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“I want to quit my job. Can I get a payout?”
Are you asking yourself: “I want to quit my job. Can I get a payout?”
The answer depends on the reason why you want to quit your job.
If you dream of resigning because you just don’t like the job or the work, that’s your choice. If it’s because you’re being badly treated by your manager and/or colleagues, you might have a case for constructive dismissal, and be entitled to receive a payout.
We are employment lawyers who act for employees in dispute with their employers. You could be based anywhere in England, Scotland, Wales or Northern Ireland. The initial call is free and with no obligation. If you decide to proceed, you could pay us via a fixed fee, a no-win-no-fee arrangement, covered by an insurance policy, or in certain circumstances, your employer might cover our costs.
“I liked the personal touch. I received phone calls with updates instead of relying on letters all the time.”
Sharon C
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Are you being driven to quit your job?
Behaviours that might contribute to you feeling as though you’ve effectively been dismissed include:
- Not being paid the right amount
- Not being paid on time
- Being demoted for no reason
- Your employer damages the relationship of trust and confidence between you
- Your employer allows a culture of harassment or bullying against you
If any of those things happen, you might feel your job has become unbearable and decide to leave. However, there are few things to think about before you hand in your notice.
As a first step, you should submit your complaint in writing, and then go through your employer’s usual grievance procedure.
You’ll probably find the process to follow in your employment contract or staff handbook or intranet. It’s important to go through the steps correctly for the best chance of winning your case.
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Before you resign
Even if you feel your workplace has become intolerable, it’s best to consider all your options before you take the big step of resigning. Here are some of the things to think about:
- Keep a diary detailing exactly what happened and when
- Discuss the problem informally with your employer
- Get support from your trade union representative
- Raise a formal grievance
- Arrange third-party mediation between you and your employer
- Contact Acas for early conciliation (there’s more about that below)
Work out your finances
- You might want to find another job before you resign (so that you won’t lose income or have to claim benefits between jobs)
- If you don’t want to wait to find another job, work out your budget so you know how long you can manage financially while you’re looking for work
- If you don’t have another job to go to, you can claim benefits as soon as you know you’re stopping work – but only when you can prove you had a good reason for resigning
- If you or your partner are on benefits, talk to an adviser. Check if stopping work will affect your benefits (for example, if the DWP doesn’t agree you have a good reason for resigning, they might reduce your Universal Credit for three months or longer)
How to resign
Check how much notice you have to give – this will be shown in your employment contract.
Write a letter or email saying how much notice you’re giving and your last date of employment. Include the reason you’re resigning.
If you are due to be paid for any holiday you haven’t yet taken, ask if you have to take those days off during your notice period or if you can be paid for them instead.
If you’ve taken more holiday than you’re due, note that your employer can deduct the overpayments from your final pay packet.
Don’t delay
Being treated badly at work? You should act quickly. If you don’t, the tribunal might assume you were happy to accept the mistreatment.
If things don’t improve, you should then hand in your notice as described above.
Meanwhile, if you get sacked, note that it’s easier to make a claim for unfair dismissal (because the burden of proof is on your employer) than it is for constructive dismissal (because the burden of proof is on you).
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About us: At Paul Doran Law, we specialise in employment law – this includes settlement and severance matters as well as claims about equal pay, discrimination, unfair or constructive dismissal, and unpaid wages or holiday pay.
We’re on your side: We only act for employees who find themselves in a dispute with their employers.
About you: Whether you work for a multi-national corporation, public sector, private sector or small employer, we can help. We act for clients in Northern Ireland, England, Wales and Scotland.
Easy payment options: You’ll have a choice of ways to fund your claim, including no-win, no-fee. Often, your employer will pay our fee.
What next: Give us a call today for friendly, clear and honest advice about your case. The initial consultation is FREE and with no obligation.
Have you already left your job and not been paid enough?
It’s unlawful for your employer to withhold pay for the hours you worked before you quit your job.
As an employee or worker, you have a legal right to get a payslip showing how your pay is calculated. If you are paid an hourly rate, it should also show how many hours you’ve worked.
Your final pay packet ought to include everything you’re owed (even if you’ve been dismissed). Your employer has the right to deduct anything you owe them at this point.
If you haven’t yet left, check with your employer to make sure your final pay packet includes everything you’re owed and whether you owe anything to them.
If you have already left and haven’t been paid the right amount, you should act quickly if you want to claim what you’re owed.
This might include:
- Your basic pay (check this against the hours you worked)
- Overtime, commission or bonus payments due to you
- Outstanding holiday pay
- Notice pay or redundancy pay
- Sick pay (if any applied during your notice period)
- Pay due to you for maternity, paternity, adoption or shared parental leave
As with many legal matters, timing is critical.
The deadline for claiming any of those amounts is three months less one day from your last working day.
If you’re owed redundancy pay, the deadline for making a claim is six months less one day from the last date you were employed.
If you think your pay is wrong
If you disagree with the amount they’ve paid you, tell them what you think is the correct amount and why, and ask them to pay you as soon as possible.
First, try speaking to your employer on an informal basis, in person, by phone or via email. You could even write them an old-fashioned letter (keep a copy). Ask them to explain anything on your payslip that you don’t understand, or to give a reason why you haven’t been paid what you expected.
Include:
- The date you left
- How much you think they owe
- How you have calculated that amount
- When you expect to be paid
Include copies of the evidence you’ve collected to support your argument.
If that doesn’t work, go to Acas – this is the early conciliation service which will provide you with free independent support. Remember, the deadline is three months less one day from the date your employer should have paid you.
If the situation isn’t resolved via Acas, you can make a claim at the employment tribunal. To do this, you must have tried Acas first.
We can help at any stage of the process. Talk to us before you resign (ideally), or afterwards, and we’ll advise whether you might have a case and how much you could win.
What this means to you
Usually, employers want to avoid the cost and hassle of going to the employment tribunal, so they may well agree to settle. We’ll calculate the amount of the payout you’re likely to be awarded and make them an offer based on that.
We negotiate settlement agreements like this all the time, always working on the side of the employee. (Settlement agreements are called Compromise agreements in Northern Ireland.)
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Joan W
Is your working environment unbearable?
If your working environment has become unbearable, talk to us. Ideally, do so before you resign, or as soon as possible afterwards, because there are strict time limits we need to adhere to.
If you’d like us to make an initial approach and start negotiations with your employer, we’ll quote you a fixed fee so you know where you stand. If the claim then goes further, to the employment tribunal, we’ll ‘hold your hand’ and support you every step of the way.
Further reading about “I want to quit my job. Can I get a payout?”
- I want to leave my job
- Can I get a payout for leaving my job?
- Can I claim for constructive dismissal if I resign?
- What constitutes unfair dismissal?
- Constructive dismissal
Need help with “I want to quit my job. Can I get a payout?”
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