Do you have to agree to an extension to your notice period?

sghughes42

I'm currently working my notice period, this ends next Friday.

My employer has received an order for a product that only I have the knowledge to build. As a result, they want to extend my notice period by a month.

I have found an alternative position starting in early September, but my current employer is saying that I have to accept the extension to my notice so I can help ful fulfil this order.

Is this correct? I've not signed the paperwork they sent for the extension and their implied threat is that if I don't then they won't pay me redundancy as they'll consider I left of my own will.

Jonesy1977

Not enough information here.
Was it voluntary redundancy or selected?  what was your notice period and did you/they negotiate it down or are they suggesting that they wish to extend beyond your original contracted notice?  Could you defer staring the other role, and negotiate a 1 month FTC at a higher rate to help them out and leave on good terms?

sghughes42

I was selected for redundancy with a 7 week notice period - basically, statutory notice period and pay. And yes, they want to add a month on to my notice period.

The other role relies on my being able to start promptly, I've been told it would no longer be offered to me if I wasn't able to start as agreed.

Grumpy_chap

Can you do the other order between now and the starting date in the new job?

sghughes42

To be honest, I'm not even sure the month extension they are offering is enough time. They are putting a lot of pressure on to make sure it is done in time, even though the time they have given is less than it would normally take.

That alone was causing me reservations, now this alternative has come along I see no reason to take it - who would take a one month extension over a permanent position?

theoretica

According to this - yes, you would need to agree. https://www.xperthr.co.uk/faq/is-it-possible-for-an-employer-to-withdraw-notice-of-redundancy/56955/

They are clearly not changing the fact they are making you redundant, just trying to change the date.

Thrugelmir

sghughes42 said:

To be honest, I'm not even sure the month extension they are offering is enough time. They are putting a lot of pressure on to make sure it is done in time, even though the time they have given is less than it would normally take.

That alone was causing me reservations, now this alternative has come along I see no reason to take it - who would take a one month extension over a permanent position?

Take the new job. Tell them that this is immovable.

getmore4less

They can withdraw the redundancy and reissue that with a new date. 

That is different to you leaving on the initial agreed notice that has to be mutually agreed. 

The correct procedure is for you to issue counter notice when you get a new job during statutory notice.

If they need you more than you need them negotiate. 

How much is the redundancy worth

Could it be done with 7 long day working.

If they don't pay  because they say you refused an alternative it will down to ET if that was reasonable as it was a temp job against the one you had lined up

sghughes42

Presumably a short, fixed term contract would not be considered an alternative? (To the permanent, full time contract I was on that is)

They aren't withdrawing the redundancy, they are extending it. I did think that was odd, I'd thought they would have to withdraw and start again. Are they even allowed to extend?

The whole thing seems a bit of a farce to be honest, I know there are other projects they are bidding for that need my input so I really don't know what the plan is. I think they panicked and looked to cut costs without considering the overall plan.

[Deleted User]

sghughes42 said:

That alone was causing me reservations, now this alternative has come along I see no reason to take it - who would take a one month extension over a permanent position?

Because of the damage it could cause.
Not easy but if new job doesn’t work out or you find yourself needing to move on fairly quickly, will you have burnt reference bridges?
6 years ago, someone told me to sit down when I was leaving (and hellbent when in a situation of dis-agreed leaving date) for a dodgy company, turned out to be a big regret walking from that job - only all this time on am I kind of able to make amends.

prowla

Not redundancy, but I once resigned from a company, partly because they were over-working me for no pay. When I did, they came back and said they'd like me to stay to deliver a project which I'd been pushing for a year to get done. I told them I would if they gave me back-pay to cover the time in question and they agreed. I stayed on and delivered the project and it was describes as "remarkable". Win-win!

Perhaps there's an opportunity with the company to get creative and do similar in this case, but make sure the end-date is set in stone.