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

phillw

sghughes42 said:

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...

I may be cynical, but I would start the negotiation at least double your normal salary.
It would seem they think they assume that you'll do everything they ask and be grateful for it, if you start making demands in return then they may re-think the plan.
The reason being they've already made you redundant and are messing you around & haven't considered that you'll sabotage the job. Although I'm sure if any problems come up they'll accuse you and say that you obviously didn't do a good job because they didn't offer you extra money & that you should have asked for it.
So I'd be clear up front about what you want & how long you think the work will take.

MACKEM99

Thrugelmir said:

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.

So they can do without you but want you to do some work for them - bleedy cheek.

getmore4less

sghughes42 said:

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...

100% pay during notice is based on the notice being statutory(+ no more than a week).

As they will be putting you on furlough anyway  I think that would swing any ET if you refused to accept the renewal/extention.

As the extension is only for 4 weeks you could issue a counter notice to leave early(within the statutory notice period) anf they then have to put the refusal to pay redundancy in writing and you have the option to take it to an ET.
https://www.legislation.gov.uk/ukpga/1996/18/section/136
https://www.legislation.gov.uk/ukpga/1996/18/section/142

your case is pretty clear you are on furlough for much of the rest of the notice and you have a new job to go to that is actualy a job.
Their case is we need them for a few hours/days  for one project we have.

How much time will they need you could you squeeze it in evening/weekend?

Maybe a bit of negotiation with the new employer that your old place needs you for a few hours/days can you do the work.
 



 

MalMonroe

Thrugelmir said:

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.

But they've threatened to mess about with OP's redundancy if that happens.

MalMonroe

I'd contact Acas on Monday https://www.acas.org.uk/contact

In my experience, I've used them before, they are extremely helpful and know what they're talking about whereas here - well, there are a lot of educated guesses. 

Thrugelmir

MalMonroe said:

Thrugelmir said:

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.

But they've threatened to mess about with OP's redundancy if that happens.

Notice of redundancy is contractual. The employer is on to a loser. Should matters end up in an employment tribunal. 

getmore4less

Thrugelmir said:

MalMonroe said:

Thrugelmir said:

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.

But they've threatened to mess about with OP's redundancy if that happens.

Notice of redundancy is contractual. The employer is on to a loser. Should matters end up in an employment tribunal. 

Notice is, Redundancy payment is not with renewal of the contract which is what is being proposed with a new termination date. Employment act is quite clear on that unless you have any  case law to show otherwise? 

The extension being mostly furlough is in the op favour.