Redundant but asked to go back to work

kaisersoze_2

My dad was made redundant on the 30th April and was paid redundancy including 12 weeks notice pay.

His company have now been in touch and asked him to come into work for 2 days on the 27th and 28th of May to help carry out an order. (The reason that they have asked him, is that he is the only person within his old company that is licensed to carry out the work)

His old company have offered to pay him expenses but he doesnt really know where he stands legally.

Does he have to do this for them?
What if anything does he have to tell the DWP regarding his JSA?

My apologies if this doesnt make sense i have tried to explain it as best i can.

Kaisersoze

geri1965_2

Let me get this straight. They made him redundant, but they are asking him to come and work for them for two days for free?

:rotfl:

seadee

When is/was his last day of being employed by this company?
30th April?

Emmzi

is he getting redundancy PLUS 12 weeks notice, and that 12 weeks is not up yet?

If he is still working his notice (albeit this may be garden leave) then yes, they can ask him to go in.

kaisersoze_2

seadee wrote: »

When is/was his last day of being employed by this company?
30th April?

His last day was the 30th of April but he isnt sure where he stands because of the fact he was paid a notice period of 12 weeks.

He was also given his old company car to use (paying his own petrol) for the 12 week notice period. Dont know if this affects it.

Emmzi

kaisersoze wrote: »

He was also given his old company car to use (paying his own petrol) for the 12 week notice period. Dont know if this affects it.

That tends to indicate he is still under contract,they just haven't asked him to work (most) of it.

I think he has to go in.

twiki

They need to give him a notice date on which he is officially made redundant.

If that date is 30 April, then he has been made redundant and they can't make him do anything.

However, if they are letting him keep the car for a bit and want him in, it's worth him speaking to them, pointing out he doesn't have to go in at all and negotiating a fair rate of pay for the work. Seeing that the company's need will be greater than his, he has a good chance of getting paid.

p00hsticks

twiki wrote: »

However, if they are letting him keep the car for a bit and want him in, it's worth him speaking to them, pointing out he doesn't have to go in at all and negotiating a fair rate of pay for the work. Seeing that the company's need will be greater than his, he has a good chance of getting paid.

If he's already been paid for a twelve week notice period and is currently working through that notice, then hasn't he already being paid for any work they might ask him to do?
Surely, it's a bonus for him that they're not asking him to work the entire twelve weeks notice that they've paid him for, as I suspect that they would be within their rights to do so......

FairyElephant_2

If he's still in his notice period then he can't (or rather shouldn't!) be getting JSA until the end of that period, so he doesn't need to the the DWP anything, but he does need to go into work if they ask him to, unless he has in writing from them that he will not have to.

Companies can legally give you X weeks notice and make you work until the last day if they want!

Pete111

Ok here is my take - for what it's worth I have worked in HR for a decade and hopefully (!) know a bit about this stuff.

If they have issued him with a termination letter which states a termination date of the 30th April and that he will be made a Payment in Lieu of Notice and be allowed to keep his car for 12 weeks after the date of termination then employment has ended and those terms are binding.

If he was on garden leave - ie if his termination date/notice & redundancy payments were to be made in the future and he was simply not required at work then he would still be employed and obliged to go in. However I do not think this is the case.

Assuming the above your father has no further obligation to them whatsoever other than returning the company car after the 12 week period.

If your father has been given the company car for 12 weeks as an 'extra' (not confirmed in writing) then this could feasibly be taken away earlier. However, given he possesses it currently, I doubt the company would go to the trouble/expense of instructing repo guys to collect it becasue he did not want to work 2 days extra for free.

If I was your dad I would respond that he would like to help but he is no longer their employee. However, in order to show goodwill to his old firm he would make arrangements to come in and assist them at - insert suitable rate of daily pay - per day. I would ensure the tone of this conversation was friendly and amicable and that any agreement re this was captured in writing

You should note that the company should not legally be able to hold his stance against him re any future references (though I caution that 'should' does not mean 'won't try that argument') Any attempt to try that one on should be quickly quashed with the line that it would be a obvious and substantial breach of employment law and approached accordingly by your father.

Re JSA I am unsure I'm afraid. I do know that he would have to declare any earnings for tax purposes unless this was deducted at source.

Good luck - do not let the company try to twist his arm re this, it would be incorrect and unfair in my view.

leelee24

When I was made redundant a few years ago I was not expected to work my notice period as my employers felt the best way they could help me in finding a new job was to give me this time for interviews etc. I am not sure if this was an obligation they had or if they were just being nice. In any case, the two days your Dad has been asked to work are two valuable job hunting days they are expecting him to give up. In that position I would want to gently let the company know that coming in to work for them on these two days would have a negative effect on his attemps to find a new job. Hopefully they will be sympathetic to this and not press the issue.

It does make me despair of this company that they should let someone go who clearly possesses such a valuable skill!