redundancy advice please?

cath_holls

Hi,
I am being made redundant along with 2 other people. I have been told that I have to work my 3 months’ notice period, where as the other 2 are being asked to leave and will receive paid notice.
This seems very unfair as my job role does not exist anymore and for the 3 months that I will have to stay on for I will be filling in for the other 2 members of staff that have been asked to leave.
I don’t want to leave the company on bad terms and I am more than happy to help out. Can they do this? Can I take paid notice then return during that time as and when they need me but work in a voluntary capacity?
Any advice would be much appreciated.

SarEl

No you can't. The employer is entitled to require someone to work their notice and so it isn't "voluntary work" if you come in - it's your normal job. In fact, you can't take paid notice at all - it has to be offered by the employer, because it isn't an employment right. I am afraid there is very little that you can do. You could submit a girevance based on "precedent" - but it's pretty thin if they refuse to uphold it because you can't make a tribunal claim to be paid your notice. And it may upset the boat that you are not wanting to rock.