Can my employer make me work extended notice period

friendlyflower

Hello Everyone,

I am to be made redundant and have a 2 month notice period, my employer may want me to work an extra month or 2 but can i refuse this and will it affect my redundancy payment (enhanced) if I do.

Also I live in N Ireland and the company is based in England, can they make me travel during my notice period as I don't want to.


Thanks in advance.

F.

Vader123

While you are under contract you have to meet all your contract obiligations (as does your employer).

Does your contract (or letter of employment, or outline terms and conditions) list your obligations? If ao, is travel there? What does it say?

Vader

getmore4less

This can get complicated to ensure you get your payments.

If you resign and leave they don' have to pay.

The need to give you your 2 months notice(or 1week per year servic if more)

They can give you more notice than this if they want end set a date any time in the future.

If they change their mind once notice has been given I think they can withraw the redunancy and go through the process again with a new notice period. If you get a job while under notice then you can refuse the withdawing of notice and still get redundancy(according to the legal advice we got and ACAS) without a job you can be considered as resigning.

I don't think they can just keep you hanging on week by week they have to give proper notice.


Normal contractual working conditions apply till you are terminated.

If they are not sure how long they want to keep you you could ask for PILON rather than working notice, they can then just wait till they are sure they don't need you and let you go with 2 month pay and redundancy at the end.

Its a pain for job planning not knowing when you will be able to start something new.

wendyphant

Could you ask for a temp contract after you have completed you notice that way you'll both sorta win they'll have you for the extra you'll have your redundancy and if something comes up that is more permanent you'll be able to leave with out worrying about losing any of your redundancym money???? Just an out of the box thought

dickydonkin

wendyphant wrote: »

Could you ask for a temp contract after you have completed you notice that way you'll both sorta win they'll have you for the extra you'll have your redundancy and if something comes up that is more permanent you'll be able to leave with out worrying about losing any of your redundancym money???? Just an out of the box thought

But there is no job - the OP's position is redundant - or supposed to be.

By retaining the OP in her original position after termination of contract would suggest there was not a redundancy situation in the first place, however, I just wonder as enhanced payments were made if the OP has signed a compromise agreement that may stipulate certain requirements to receive enhancements.

friendlyflower

Hi All,

Thanks for the feedback.

There is no clause in the contract to say I have to travel.

The contract states employee and employer have to honour 2 months notice which I will do but I don't want to work beyond my notice as I want to get on with my life and look forward to job hunting.

Surely it's my choice if I want to stay or leave after I complete my 2 month agreed notice period, surely they cannot force me to stay on?

Regards,

F.

olly300

friendlyflower wrote: »

Surely it's my choice if I want to stay or leave after I complete my 2 month agreed notice period, surely they cannot force me to stay on?
.

Right.

If they wanted you to stay on a month extra then they should have changed it so that you were not made redundant to a month later. It's too late now unless they withdraw the redundancy notice.

Though I would be tempted to keep my mouth shut over this until the week before you are about to walk out.

Just make sure your referees (if you need them) are people who you have a good relationship preferably people who have also been made redundant by the company. And sort them out asap.

Pete111

In answer to your question then no they cannot force you to do it and no it should not affect your current redundancy payment if you say no.

However, depending on how easy you may find it to get another role within the next 2 months, I would keep the option of working longer open (olly300, there is no reason why, if both parties agree, the termination date within a redundancy scenario cannot be altered)

I would also have a discussion with my Mgr/Hr to try to ensure that (within reason) any extra days worked past the original termination date was not paid as salary/notice but added to my redundancy payout as this can be made tax free up to 30k - but I'm sneaky like that!

friendlyflower

HI,

"I would also have a discussion with my Mgr/Hr to try to ensure that (within reason) any extra days worked past the original termination date was not paid as salary/notice but added to my redundancy payout as this can be made tax free up to 30k - but I'm sneaky like that!"

Can this really be done, is it legal? if they agree, would you have to get a typed letter as proof?

F.

olly300

friendlyflower wrote: »

HI,

"I would also have a discussion with my Mgr/Hr to try to ensure that (within reason) any extra days worked past the original termination date was not paid as salary/notice but added to my redundancy payout as this can be made tax free up to 30k - but I'm sneaky like that!"

Can this really be done, is it legal? if they agree, would you have to get a typed letter as proof?

F.

It wouldn't work.

The money for the amount you work is earnings and not part of your redundancy payment. HMRC would have fun with the company and then you.

Plus they wouldn't want to put anything dodgy in writing.

Pete111

olly300 wrote: »

It wouldn't work.

The money for the amount you work is earnings and not part of your redundancy payment. HMRC would have fun with the company and then you.

Plus they wouldn't want to put anything dodgy in writing.

Oh please...HMRC would never know. There are thousands of redundancies every month and disguising/rejigging this type of payment for a (limited) period of extra work is childs play.

But yes, that last bit was rather tounge in cheek as it's unlikely your HR team would agree (much less write it down) so is probably not worth asking!