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

Thrugelmir

getmore4less said:

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

Once the redundancy notice is given it's legally binding and cannot be unilaterally withdrawn.

OP say you referred the matter to ACAS. 

Jonesy1977

It is not absolutely clear, I guess because it is unlikely a company would wish to do this other than in these circumstances but I am inclined to agree with @Thrugelmir I think that they are trying to increase your contractual not statutory notice so I don't see how they can.  If you agree and lose out on your other job opportunity because of this then I would imagine that you would have a case legally, although I appreciate that this is undesirable and pointless.  I think ACAS or CAB https://www.citizensadvice.org.uk/work/leaving-a-job/redundancy/redundancy-notice-period/  will be able to answer definitively, but explaining your position and telling them that you will lose your new job should make them see sense I hope!

gary83

the company are trying to have their cake & eat it. You need to look after number one here, the old company have already demonstrated that they have no loyalty towards you, they gave you notice of the redundancy, you moved on, dealt with it, found a new job already (congratulations on that in the current climate) they can’t expect you to just continue to put your life on hold and keep giving whilst they just keep taking.

macman

Offer to take on the project on a freelance consultancy basis, at a suitably generous hourly rate?

sghughes42

Deleted User said:

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?

While all that is true, it has taken me several months of searching (since first put on consultation) to find anything. I'm fully expecting there to be more redundancies in my field coming up, meaning more competition for jobs in the coming months. If I turn down this offer I can't be sure I'd get another quickly.

Who knows how things will pan out at the moment, but I see little to be gained from putting myself back in the pot with no idea when the next job might come along just to keep someone sweet who decided I was redundant when they knew there was a good chance of work for me coming along.

sghughes42

Jonesy1977 said:

It is not absolutely clear, I guess because it is unlikely a company would wish to do this other than in these circumstances but I am inclined to agree with @Thrugelmir I think that they are trying to increase your contractual not statutory notice so I don't see how they can. 

Interesting point if this is contractual rather than statutory redundancy is how much I need to be paid. I've been on furlough and will be furloughed through the extension, working as required. I am only needed for part of the task, I do one bit, it moves over to someone else, then a third person then back to me.

So, even if I did take it, there is a possibility of reduced pay for part of the time as they only need to pay 100% of notice pay if you are only getting the statutory minimum...

tripled

Even if your redundancy pay was at risk, I'd think carefully before passing up a permanent job opportunity to save a few weeks redundancy pay in the current climate. If you end up out of work for more than a couple of months, that money is gone.

Jeremy535897

So, even if I did take it, there is a possibility of reduced pay for part of the time as they only need to pay 100% of notice pay if you are only getting the statutory minimum...

Statutory minimum plus no more than one week. See https://www.personneltoday.com/hr/notice-pay-furlough-pilon/

getmore4less

Thrugelmir said:

getmore4less said:

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

Once the redundancy notice is given it's legally binding and cannot be unilaterally withdrawn.

OP say you referred the matter to ACAS. 

The notice period mutual agreement.

 Redundancy can be withdrawn right up to the last day.

 The OP is not getting a fixed term contract they are just carrying on with their existing job till a later date.

Your existing job is automatically suitable because it is no longer a redundancy.

They don't have to start again with new consultation they can just say this is the new date.

Even counter notice can be countered by a company they have 7 days to respond.

getmore4less

sghughes42 said:

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.

It is not a new fixed term contract it is the existing contract continued/renewed for a longer time.
https://www.legislation.gov.uk/ukpga/1996/18/section/138

There may be some case law where the ET have sided with the employee in a situation like this.
edit this also applies.
https://www.legislation.gov.uk/ukpga/1996/18/section/141