New project starts in my notice period?

Cottage_Economy

I am being made redundant with dismissal meetings on 24th September. Until this point it has been verbally agreed that i will work part of my 3 month notice period to finish off a 'last project' and be paid PILON for the rest.

This project was due to start in July but was delayed by contractual issues. Our part of the contract was signed and sent off three weeks ago. The client has finally come back and told us today that the contract has gone in the post today with a revised timeline for starting. I do not know when the new start date will be.

It has been made clear to me that all aspects of my job will go after the 24th, either by cancellation of commitments that provided part of my work or by my work being split between others, bar what i need to finish on this 'last' project.

Where does this leave me contractually if this 'last project' doesn't start until after my dismissal meeting on 24th? Technically i'm not finishing anything as i haven't started it!

getmore4less

The employer can change the game at any time up to the actual termination date even ifthey have given you notice.
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eg. They can just change the dates, cancel the redundancy, or just let you go, distributing the work.

What do you want to happen? Try to manage to get that outcome.

Have you been given your notice? (or are you expecting this on the 24th).

Until you have notice there is not a lot you can do other than consult to try to get the outcome you want.

Once on notice then counter notice comes into play.

Contractually nothing changes till the termination date.

Cottage_Economy

I would like to go on 24th September with full PILON. If not, i would like an extension to my employment contract to do the project that apparently no-one but me can do, and then i want to take my redundancy payment and full PILON.

Can i be honest, I'm not sure what 'being given notice' is. I've been put at risk of redundancy since the end of July, I had a month's consultation and then tomorrow i must tell them whether i will be applying for one of the jobs. If not then my dismissal meeting will be held on 24th september and I'm into my notice period on 25th september.

This never came up during the consultation as we assumed this 'last project's' contract would be through and i'd be working on by now, perhaps going into my notice period a few days but able to leave quite quickly. The events of today have shown me that it may not go ahead until around the dismissal date and could mean i'll be sorting it out until the middle of November.

Cottage_Economy

Just as a quick update, i spoke to a colleague about it and she gave me the details of a friend of hers who is an employment solicitor.

I phoned him and had a 15 minute chat and the upshot of our conversation is:

My employers can ask me to work part or all of my notice period to do this project and other work even if it comes in after 24th and despite having it in writing that any new projects that come in will go to the new job roles and not me. I still don't get how a case can be made so soundly and comprehensively for me not being needed in any capacity, and then be told within days i'm needed to do that project. However the law is the law and my feelings on it are for me to deal with.

He did say to evaluate what they are asking me to do and see if it is a reasonable request on par with tasks I've been completing in the past.

What he meant by that is getting someone who...for example...is in an upper management position to spend three months of their notice filing and shredding and making tea could be considered demeaning and not appropriate, so an appeal could be made for the notice period to be reconsidered, either to garden leave or to leave straight away.

I hadn't actually considered that so while i'm still not happy with the 'we don't need you/actually we really do need you' thing i'm happy that i know now about what's considered reasonable work for a notice period. I've come away from the chat having learnt something.

I'm going to spend the time i have to work on the project, build my network and get feelers out to people while completing whatever notice i have to do.

getmore4less

notice is when they confirm(preferably in writing) that they will terminate the contract and the reasons(redundancy)

If other suitable alternatives are being offered beware them saying you ard not entitled to redundancy, have good reasons why they are not suitable.

if you accept one what happens to the project?
Does the client know that those working on it are being made redundant?

Cottage_Economy

I have in writing that the notes from the consultation meetings, and a confirmation that the consultation period has ended and the options on the table going forward. That's all so far. I don't believe the alternatives are suitable, as some of the essential criteria for the jobs (four jobs all identical) are for knowledge of subjects well outside of anything I've done in my current role, but well within what 7 of the 11 people on risk of redundancy are currently doing.

To be sure, i went to have a look at the documents they have made available to be filled in when applying for the role, one of which was a table against which I have to provide evidence for every single essential criteria. I couldn't put something in about three quarters of the boxes as i've never done them or have no knowledge of them. However, when the jobs were first announced it was made clear that the jobs were suitable for everyone at risk of redundancy.

If I did apply for the jobs and by some miracle did get one ( it would have to be that no-one else applied) i have it in writing that the new role's workload would have to be adjusted so i could finish my current roles 'last project'. I made sure to ask that question during the consultation because i knew those poor people who got the new roles would have a horrendous mountain to climb to take on far more work than they were capable of doing.

The client does not know...the project is a short term three month project that should be completed quite quickly. My part will take 4-6 weeks.

One more thing, last year they restructured for the first time and half the staff went. They created three new suitable roles, for which they only had one applicant and the two roles remained unfilled and were withdrawn. To my knowledge, everyone who left on the specified day got their salary to date, their redundancy based on the company's own tables, which are far more generous per year than statutory, and their PILON. I know past behaviour is no guarantee of future behaviour, but generally they are good employers who don't engage in nasty tactics. Last year they even gave staff who were on one month's notice three months PILON as they didn't believe one month's money was sufficient.