Notice Period - Please Help!

youkay

Hello, my current employer is being taken over by a different company and my job is moving 65 miles away to a new site on 23rd October.

They have given us 3 options - take redundancy from the date of the move, go to the new site until February to aid in the training period at the new site and then take redundancy, or transfer contracts to the new company and go there permanently.

As the new depot is too far away to justify travelling and I do not want to relocate I have decided to go for the first option and take the redundancy from the date of the move.

I have another job lined up for a week after the move. However, during a 'one-to-one' consultancy meeting this week the new company has now said that they will expect us to serve out our 4 weeks notice period (I have worked there for 4 years), cleaning up the existing site. Previously as the majority of people were taking redundancy because of the distance in travelling to the new site it had been said that we would be free to take our redundancy from the date of the move.

I asked if I would be able to sign my redundancy papers now, which would then give me the next 4 weeks to work my notice period at the current site, but I was told that the notice period cant take place until the move does (this is when the contracts will switch from my current employer to the new one).

Am I under obligation to serve out this 4 weeks notice? My new job is due to start during this period, and I will have to leave for this, but at the same time I don't want to miss out on my redundancy payment. The new company have been really poor throughout, withholding key information until the last minute, in what seems to be an attempt to make people make the move for the training period at the new site.

Any help or advice would be much appreciated. Thank you

Jarndyce

You can give counternotice during your statutory notice period which allows you to leave earlier than your notified date and still get the redundancy payment.

How much notice are you required to give the employer? Are you due any holiday that you can take? Or you may be able to negotiate a couple of weeks grace with your new employer perhaps?

youkay

Thank you for the quick reply, I really appreciate it.

Would they have to accept my counternotice during the statutory notice period? At the moment they have told me that I will be free to leave at anytime, but in doing so I will be effectively handing in my resignation and therefore will not be entitled to any redundancy payment.

At the moment I am required to give my employer one weeks notice, which would be fine as I still have one weeks holiday owed to me, but as it will be the new employer who is handling the redundancy this may be different.

I've tried looking around the internet for information, but can only find information on if your current employer is handling the redundancy, so any help would be much appreciated.

vax2002

Some of these company's, your work place is been moved... TOUGH, but please come and show the new guys how to do your job.
Now a teachers Job is paid circa £40k an annum, they have some cheek to expect someone to do a teaching job for a normal wage, talk about taking the pizz.
Sounds to me like they are trying to weasel out of paying the redundancy at annoyance you wont do unpaid teaching work before you go.
Works both ways, explore what would happen once you sign the redundancy papers then just dont turn in or allow your contract to be transferred and go to the new job instead, could they refuse redundancy legally ? or could you sue for it ? , do you have a union.
I do know one thing, you never give up the punt for the pole and the new job is the punt.

Jarndyce

There shouldn't be any difference whether the old or new employer is handling the redundancy, since all liabilities and contractual obligations transfer with you.

The employer can give you further notice that they require you to work out your notice, but they must have compelling business reasons for doing so.

Jarndyce

vax2002 wrote: »

Some of these company's, your work place is been moved... TOUGH, but please come and show the new guys how to do your job.
Now a teachers Job is paid circa £40k an annum, they have some cheek to expect someone to do a teaching job for a normal wage, talk about taking the pizz.
Sounds to me like they are trying to weasel out of paying the redundancy at annoyance you wont do unpaid teaching work before you go.
Works both ways, explore what would happen once you sign the redundancy papers then just dont turn in or allow your contract to be transferred and go to the new job instead, could they refuse redundancy legally ? or could you sue for it ? , do you have a union.
I do know one thing, you never give up the punt for the pole and the new job is the punt.

Once more in English please?

vax2002

Another point ? how much redundancy are we talking ?
Life changing money ? or a few weeks wages and is that worth the risk of loosing a job and been on the dole, sometime you have to put things in a set of scales.

fluffy70

the new company cannot ask you to do this as you have opted to take redundancy and therefore your terms and conditions (and you) are not transferring across to the new company. However, if your job is being moved to the new site (and therefore is no longer suitable for you) 23rd October is your redundancy date. You should have this in writing somewhere and will have accepted that date I presume? The only other alternative is if you have annual leave remaining you are entitled to take that leave before the end of contract date, and to be paid for it. Therefore you could potentially start your new job while effectively (on paper) still serving out your redundancy notice and still have your redundancy payout. BUT please check your company's procedures and policies as they may have a clause about not receiving the payout under those conditions

getmore4less

Your existing notice should apply.

Do not tell the existing employer(s) you have a job offer untill you can give counter notice(which means they must have given you notice).


How much is the redundancy package statutory would only be £1600

youkay

Thank you for all of the replies - its really helpful because my current employer seems to be clueless on that matter ("This is the first we've heard about this, we presumed you'd be free to go on the 23rd when the move takes place"), and the people who are taking over the company and handling the redundancy side of things have got no answers and seem to be keen to put everything off until the last minute.

I would only be entitled to a small amount of redundancy (around 2k), so its not really a massive amount to worry over , but obviously I'd much rather have it than not, and as the redundancy consultations have been so poor so far I wanted to check that they were correct in saying that the 4 weeks notice was mandatory and that we would have to work it if we wanted to get the redundancy money. If it comes down to it then I won't hesitate to just leave and start my new job, but if its as simple as just handing in counternotice then I would much prefer to do that than walk away with nothing.

So is it as simple as this - my redundancy period starts on the 23rd October when the new company takes over from my current employer and the job moves. I hand in counternotice, stating that I wish to leave in one weeks time (my current required notice period). This won't be taken as resignation, and they will pay me my redundancy payment?

Thanks again

Jarndyce

youkay wrote: »

So is it as simple as this - my redundancy period starts on the 23rd October when the new company takes over from my current employer and the job moves. I hand in counternotice, stating that I wish to leave in one weeks time (my current required notice period). This won't be taken as resignation, and they will pay me my redundancy payment?

Thanks again

That's the theory - you must submit written counter notice during your statutory notice period. As stated above, they can refuse it if they have genuine business reasons for requiring you to stay. I doubt that needing you to clean up the site would qualify.