Notice Period - Please Help!

youkay

I presume that I would have to avoid telling them that my reason for leaving would be to start another job. Would they need me to state a reason, or could I simply say that I didn't want to work out the notice period? I've read that they have to pay you for the 4 weeks notice period regardless, but obviously I would be prepared to not be paid for this.

I realise that it may be a grey area because effectively I would be leaving my current job to start another one (they have said that if I leave during this period I would be severing my contract and would be resigning), but ideally as I've remained here until the end of this buildings contract I would like to get the redundancy money.

Thanks again for all of your help - its great to finally be getting some clear answers about this!

Jarndyce

The logic is that you are only looking for other work because you are redundant, so should not be penalised for going early to start another job. So there is no reason not to tell them you have another job.

Not everyone - including many employers - have heard of the counter-notice provisions - but they are there in the Employment Rights Act 1996 s 136 (3) (b) et seq.

getmore4less

the key point is the counter notice must be given within the statutory notice period(with 4 years service thats 4 weeks)

So if they give more notice than 4 weeks you will have to wait.

The counter notice is given because you have a job to go and you want to avoid a situation where the redundacy does not happen.

youkay

My highly wonderful, helpful HR manager has today declared that "if anybody thinks that they are taking redundancy and starting work at the same time then they've got another thing coming!" She's also said that if people aren't careful then they will be stuck at the current site until February (this is how long they have the site for, although all of the work will be moving to the new one).

I have also heard today that there is a possibility that they might make people go and work at the new site during the statutory notice period, as apparently they haven't managed to get as many trained people to start there as they had thought. Many people do not want to travel there as its too far away to justify it (hence why so many people are choosing redundancy), so will not be prepared to drive there during the notice period. Where would they stand if the new company provided transport from the current site to the new one - would people be obliged to go there? The new employer will be running the new site, and have nothing to do with the current one.

I've got a meeting regarding all of this on Friday - would you recommend that I mention counter notice, the Employment Rights Act 1996 s 136 (3) (b) etc, and try and work something out with them, or keep quiet until they serve the notice?

Once again, I will definitely be leaving after 1 week of the notice being served anyway, as its nowhere near enough money to jeopardise my new job, but the way that they have been wrongly advising people has really annoyed me so I don't want to just leave without a fight.

Thanks again for all of your help

getmore4less

HR work for the company not the workers, they don't have to tell the truth.

Don't tell them about counter notice, that would be a clear indicator you have another job to go to and they won't give you notice.

I woulds play dumb just ask for clarification of the dates and payments, perhaps ask about what benifits you can claim, then hope they give notice as expected so you can give counter notice, if they don't just give your normal weeks notice.
Research the exact requirement for giving counter notice, and the steps to follow up if they refuse redundancy payment.

For those that don't have jobs to go to they should play on the threat of keeping people to Feb, that would be better than redundancy and JSA.

If the company is taken over then it will be the new owners that are making the redundancies and now employs everyone.

If the current T&C's allow for working other sites then they can insist people go they are still under contract, If they have had trouble recruiting and training this could go on for some time people need to have a good look at their contracts.

vax2002

They can take you to the other site, however Job description comes in to play, you are not employed as a teacher, so you do not have to instruct or show anyone how to do your job or be closely observed doing so.
Expecting people you are getting rid off to teach those replacing you your skills is just not on.
Let the company pay teachers/ trainers rates and send the new staff to be trained, stick to your job description and what you get paid for.

getmore4less

vax2002 wrote: »

They can take you to the other site, however Job description comes in to play, you are not employed as a teacher, so you do not have to instruct or show anyone how to do your job or be closely observed doing so.
Expecting people you are getting rid off to teach those replacing you your skills is just not on.
Let the company pay teachers/ trainers rates and send the new staff to be trained, stick to your job description and what you get paid for.

It is not uncomon for training to be included in T&C or under general terms like reasonable request.

the business need to move the job, you don't want to move, reasonable request to handover the job to someone that does want to do it.

computerbuddy

Hi all, can someone please help me to understand how to fill in a RP2 E form, on the right hand side of the form do i fill in the part where it says ARE YOU STLL WORKING THERE? WHAT WAS YOUR BASIC PAY? HOW MANY HOURS DID YOU NORMALLY WORK HOW MUCH WILL YOU RECEIVE FROM ALL YOUR WORK? now does this mean the place where i was made redundant or my new employment? Thanks in advance x

anamenottaken

computerbuddy wrote: »

Hi all, can someone please help me to understand how to fill in a RP2 E form, on the right hand side of the form do i fill in the part where it says ARE YOU STLL WORKING THERE? WHAT WAS YOUR BASIC PAY? HOW MANY HOURS DID YOU NORMALLY WORK HOW MUCH WILL YOU RECEIVE FROM ALL YOUR WORK? now does this mean the place where i was made redundant or my new employment? Thanks in advance x

The heading above questions 1 to 8 is "Details of income from your new employment". It's about the income you received during your notice period (that is the notice period related to your previous employment but the pay from the new employer).