Handed my resignation in need some advice.

steveclarke2081

Hi and thanks in advance.

I have been in my current job 13 years and have just handed my notice in.  I have been furloghed since March 2020 and only in December 2020 did my current employer ask for me to do 5 hours part time work per week.  Which to be clear I have ended up doing much more than that per week due to pressure from management.

I have now been told I am now expected to be in the office at 9 on Monday and work my full time hours for the duration of my notice period which is 12 weeks.

My issue is that their obviously wasn't any value in paying me for more hours during the period that I have been furloughed and I feel that 12 weeks notice is extreme especially as my new employer is being so good about the process but would ideally want me working ASAP.

What are my rights in terms of the above and also can I use any holiday entitlement to reduce the length of time needed to work my notice.

I personally feel that any trust in the company has gone and the thought of working 12 weeks being used for thier benefit grates on me.

tacpot12

If you want to take some leave at the end of your employment so that you can finish early, you need to agree this with your employer. They could deny you any leave, and just pay you for your holiday entitlement when your employment ends.

They will be on difficult ground if they don't allow you to take any holiday during your notice period, as they have a duty to allow you to take some time off, but they just have to be reasonable about it. Given you are leaving, allowing you to take all your remaining leave at the end of your employment, if this suits you, would be reasonable. Requiring you to take it part way through your notice period would not be as reasonable.

Are you a member of Trades Union? If so, you could talk to them about any support you need to manage your departure.

I realise it will be difficult to work your notice, but you did agree to have a 12 week notice period, so you just need to keep up your end of the bargain. 

 

Undervalued

steveclarke2081 said:

What are my rights in terms of the above and also can I use any holiday entitlement to reduce the length of time needed to work my notice.

I personally feel that any trust in the company has gone and the thought of working 12 weeks being used for thier benefit grates on me.

The ball is very much in the employer's court I'm afraid.

As has been said, whilst you can ask about using holiday to finish early (and the employer may agree) they don't have to.

Pretty much any employment contract has something in it along the lines of "such other duties as the company may require" so basically they can ask you to do more or less anything (within reason) during your notice period.

Obviously if they tell you to go early they would have to pay you for the unworked notice period.

One possibility is to suggest a compromise to them so that both parties get some benefit?

TBagpuss

They are perfectly within their rights to require you to work. They cannot continue to claim for you under the furlough scheme so it is not unusual to expect people to work their normal hours while they are in the notice period.

You can ask to book annual leave during notice - some employers actually require this, others may well be willing to agree as it means they don't them have to pay out the holiday at the end.

You could also ask them whether they would agree to shorten your notice period - you could, by agreement, reduce the 12 weeks to a shorter period.

It would of course also be open to you to ask them whether they would agree to you working shorter hours during your notice period, but of course if they agreed, then you would only be entitled to be paid for those new hours, not for your full time salary. 

getmore4less

steveclarke2081 said:

Hi and thanks in advance.

I have been in my current job 13 years and have just handed my notice in.  I have been furloghed since March 2020 and only in December 2020 did my current employer ask for me to do 5 hours part time work per week.  Which to be clear I have ended up doing much more than that per week due to pressure from management.

.......

where they claiming furlough for those extra hours rather than paying your?

Did not think that was allowed under the scheme.

getmore4less

tacpot12 said:

If you want to take some leave at the end of your employment so that you can finish early, you need to agree this with your employer. They could deny you any leave, and just pay you for your holiday entitlement when your employment ends.

They will be on difficult ground if they don't allow you to take any holiday during your notice period, as they have a duty to allow you to take some time off, but they just have to be reasonable about it. Given you are leaving, allowing you to take all your remaining leave at the end of your employment, if this suits you, would be reasonable. Requiring you to take it part way through your notice period would not be as reasonable.

Are you a member of Trades Union? If so, you could talk to them about any support you need to manage your departure.

I realise it will be difficult to work your notice, but you did agree to have a 12 week notice period, so you just need to keep up your end of the bargain. 

 

Which bit of legislation gives that right?

TELLIT01

getmore4less said:

steveclarke2081 said:

Hi and thanks in advance.

I have been in my current job 13 years and have just handed my notice in.  I have been furloghed since March 2020 and only in December 2020 did my current employer ask for me to do 5 hours part time work per week.  Which to be clear I have ended up doing much more than that per week due to pressure from management.

.......

where they claiming furlough for those extra hours rather than paying your?

Did not think that was allowed under the scheme.

Flexible furlough was introduced in July 2020.

Thrugelmir

steveclarke2081 said:

I personally feel that any trust in the company has gone and the thought of working 12 weeks being used for thier benefit grates on me.

Negotiate. They might happily agree to let you go. You need to start the conversation. Few employers are bothered to lose a disgruntled employee. They won't keep you on furlough that's the one certainty. 

General_Grant

Is the 12-week notice period because you have been there for over 12 years?  Is it really the notice you are required to give - ie to equal the amount of notice required by law from the employer?

74jax

3 months notice is hell...... I had it last year and I now wouldn't take another job with that notice period, I really struggled.

Firstly, I would ask if you could mutually agree to shorten the 12 weeks. They may agree.

If not you would need to speak to your new employer and explain.

What notice did you think you had?  If its the company saying 12 weeks, double check your contract.

getmore4less

TELLIT01 said:

getmore4less said:

steveclarke2081 said:

Hi and thanks in advance.

I have been in my current job 13 years and have just handed my notice in.  I have been furloghed since March 2020 and only in December 2020 did my current employer ask for me to do 5 hours part time work per week.  Which to be clear I have ended up doing much more than that per week due to pressure from management.

.......

where they claiming furlough for those extra hours rather than paying your?

Did not think that was allowed under the scheme.

Flexible furlough was introduced in July 2020.

But did that include you working hours that you were claiming furlough for.

the OP said they were scheduled to 5 hours a week  but did a lot more management pressure.

What is  not clear how those extra hours were being paid and/or if the employer was claiming furlough for hours worked