Advice on walking out / Am i liable?

[andyr14]

Hi, thanks for reading my thread

Industry - Logistics with a fleet of 6 vehicles

Short Version

On Friday just gone my colleague was paid off and his replacement starts on Monday.
I handed my notice in upon hearing however have decided not to work it.

My colleague and I are the only two that know how to operate the business. With him now left the company and my last day on Wednesday i imagine the company will start losing a lot of money as the new starter has not been trained.

Will i be liable for any losses?
Am i allowed to just walk out given that i am the only one left that knows how to run it


Detailed Version

My bosses Nephew and I, over the past 3 years, have built his company up. It was losing money on a daily basis, had one 7.5T & one 18T. Most days the drivers were told not to come in as there was no work.

Fast forward to now, the company is running three artics, two 18T and the 7.5T with another artic in the pipeline. Revenue has grown from £500K to £1.3m.

The company however is losing money. It's a complicated set up as he has 4 companies that run from the same site and each share costs. I know where the loss really is - In his packing company that turned over £30k odd last month when it really needs to be in the £70k region.

My colleague and I were promised the world. Directorships, decent bonuses etc. etc. 'The world was our oyster kind of speech'. We were told if we were committed the business would essentially be ours when he retires. I was working from 05:00 to 22:00+ Mon-Fri for a solid 6 months to turn the company round. Working 3 mens jobs to reduce costs when we introduced the pallet network.

The bonuses were stopped and i was given a salary of £22,500 after all of my hard work. Reason for the low salary is because the company doesn't have enough money. He has since recruited 2 people in a managerial position totaling around £80k-£90k along with other recruits. We were obviously upset about this.

On Monday i wrote my notice letter which i was going to give in at the end of the month. On Friday just gone my colleague was paid off as 'his attitude had gone down hill over the past 6 months'. I then printed my notice off and handed it to the MD.

After a long chat he went on to say i was being foolish. That if i give it just a couple of weeks there's big things coming for me etc. I have heard it all before - He just wants me to train this new starter up. I took my notice back and said i will stay, that i acted on emotions, however i do still intend on leaving - in the coming days.

My colleague and I are the only two that know how to work the systems; from transport planning to warehouse fulfillment etc. as we introduced all of these extra services to his company. I feel like we have been utterly shafted, so i intend on leaving this coming Wednesday which will leave the company in a very sticky situation.

Am i able to do this? Will there be any repercussions for the business making losses as i have walked out without passing on any training.

I believe my colleague has rights. He could have said no to his offer, however he felt it would have been too awkward coming in to work on Monday to another guy sat in his seat...

Thanks for your advice

 

[Newchodge]

Do you have a contract that requires that you give notice? If so, how much?

An employer can sue an ex-employee for costs incurred due to their breach of contract in not giving appropriate notice, so the additional costs of paying for a temp, over and above what they would have paid you, that kind of thing.

I have never heard of an organisation successfully suing a junior (pardon the expression, but on that salary you are junior) member of staff for lost business when they left. What would your employer do if, for example, you were off sick and unable to work?

Many people who are leaving a hostile employment environment find that, after finally handing in their correct notice, the workplace is so stressful that they are too ill to attend work.

 

[The Byre]

In theory, yes. BUT everything really depends on the employment contract and other factors and of course, the willingness of the employer to engage in expensive and protracted litigation.

 

[andyr14]

Hi Cyndy, thanks for your reply.

I do have a contract which requires me to work 4 weeks (or one month's notice). I really don't want to help this man out any more than i already have. We have both felt that he has been pushing us out as what he originally promised us he couldn't deliver - or doesn't want to.

He would be financially better recruiting a commercial transport manager (which he has) and a transport planner (The guy starting Monday) than to pay us what he promised.

My 'role' is meant to be business development manager. He wouldn't put this in the contract, i am technically contracted as an administrator.

He is being very sneaky. God forbid should i have to work another 4 weeks for this man.

 

[andyr14]

In theory, yes. BUT everything really depends on the employment contract and other factors and of course, the willingness of the employer to engage in expensive and protracted litigation.

Oh i'm sure he would take it to court. He has invested over a million £ fighting the highways for 10 years to have his entrance altered. Good news is he doesn't have that much money now so might not want to risk it.

 

[The Byre]

I would develop a sudden and inexplicable illness. He would then be perfectly within his rights to claim that the illness is not genuine and terminate you without notice and without further pay.

 

[andyr14]

I would develop a sudden and inexplicable illness. He would then be perfectly within his rights to claim that the illness is not genuine and terminate you without notice and without further pay.

I will get HR in on Monday and have a sit down with the MD, tell him i plan on leaving Wednesday. HR will write the minutes and hopefully he will say something that might work in my favour.

Actually, thinking about HR - They weren't in the meeting when my colleague was offered his settlement. The office manager was there to act as a witness. Should HR have been present?

 

[Newchodge]

I will get HR in on Monday and have a sit down with the MD, tell him i plan on leaving Wednesday. HR will write the minutes and hopefully he will say something that might work in my favour.

What do you think that might achieve? Indeed, what do you want to achieve?

Actually, thinking about HR - They weren't in the meeting when my colleague was offered his settlement. The office manager was there to act as a witness. Should HR have been present?

There is no requirement, although some employers may think it prudent. Remember that, generally these days, HR is an arm of management. It is not there to mediate between employer and employee.

 

[Gecko001]

My colleague and I are the only two that know how to operate the business. With him now left the company and my last day on Wednesday i imagine the company will start losing a lot of money as the new starter has not been trained.

I would not assume that you are irreplaceable.

 

[Mr D]

I will get HR in on Monday and have a sit down with the MD, tell him i plan on leaving Wednesday. HR will write the minutes and hopefully he will say something that might work in my favour.

Actually, thinking about HR - They weren't in the meeting when my colleague was offered his settlement. The office manager was there to act as a witness. Should HR have been present?

If no one requested HR be there then is there a need for them to be in the meeting?
Office manager would have been acting as a witness for one side.

 

[Mr D]

The hours you worked for past 6 months - were you paid at least minimum wage? Were you paid any overtime? Presumably you were doing more than your contracted hours.

 

[The Byre]

My colleague and I are the only two that know how to work the systems; from transport planning to warehouse fulfillment etc. as we introduced all of these extra services to his company.

Trust me, a capable dispatcher will pin a few sheets of paper to the office wall and just crack on without missing a beat.

I would not assume that you are irreplaceable.

My wife keeps reminding me of that fact!

 

[andyr14]

I would not assume that you are irreplaceable.

Evidently we are, his replacement starts on Monday, however when 100+ orders come on to the system and nobody knows how to extract them and they all need dispatching on that day for delivery the following, there's going to be some trouble. They will, of course, work it out eventually, but i imagine the first week with neither of us there would see a significant loss.

 

[andyr14]

The hours you worked for past 6 months - were you paid at least minimum wage? Were you paid any overtime? Presumably you were doing more than your contracted hours.

I was on £15,500 salary with no overtime or bonuses. At that point this was a venture for us and so we were working towards a more lucrative position in the company

 

[Gecko001]

The way I see it is that the fact that your colleague was paid off, although it might be distressing to you on a personal level, it is a matter solely between your colleague and the boss.

If you leave without giving notice, you could be messing up your own career and future employment prospects. I would stay on and give it a couple of months and look around for something else in the meantime. Walking away is the short term easy option.

 

[Mr D]

I was on £15,500 salary with no overtime or bonuses. At that point this was a venture for us and so we were working towards a more lucrative position in the company

Then sounds like you were underpaid. Considerably.
Working towards a more lucrative position in the company is nice but is it an excuse to not pay you wage?