Notice - negotiation of period ?

Soot2006

I know my boss will send this to our HR consultants to sort out, but I was nosy for my own knowledge.

Employee A has two concurrent duties in our company. 1: ongoing weekly work, paid as a monthly set salary; 2: projects with clear beginnings and ends, paid per project divided into a monthly salary. They are paid on two different bands on these two duties, so two lines on the same monthly payslip. Employee is normal employee on PAYE with us since 3 years.

• A gave their three month notice but in their letter of resignation said they would do their ongoing weekly work until the end of their notice period but that they would not be taking on any new projects. Current project ends in one month.  So, essentially they have given only one month's notice for the project work. 
• Our boss responded that he could accept three months notice for both duties (as per contract), which means continuing the ongoing work, finishing the current project, and starting the next project OR he said he would accept a reduced overall notice period if A wanted to leave the company after the end of the current contact in one month's time.
• A has accused our boss of trying to "get rid" of them and not honouring their notice period by trying to force them out in one month.
• Boss says A is trying to force a variation of contract by doing some duties but not others.

When I write it out, it seems pretty obvious that A is taking the mick and should either do all the work in their contract until the end of the notice period, or take up the offer of a shorter notice period?  Just wondering if I am missing something?

Sandtree

Do they have one contract of employment or two? For the non-project work are they salaried or paid per hour?

In normal times how does the project work work? You seem to suggest its almost a negotiated/fixed price which is then apportioned over the duration which isnt how employee work would normally be structured... what happens if the project delivers early or overruns?

Soot2006

Sandtree said:

Do they have one contract of employment or two? For the non-project work are they salaried or paid per hour?

In normal times how does the project work work? You seem to suggest its almost a negotiated/fixed price which is then apportioned over the duration which isnt how employee work would normally be structured... what happens if the project delivers early or overruns?

One contract in two sections (I used to have the same contract before I took on a different role so don't have the small print ).  It basically says something like Duty 1: ongoing support work, notional 25 hours/week; Duty 2: specific project work, notional 12 hours/week. Salary is given as one annual figure on the contract, but on the payslip it is divided into two separate lines as though it were two different things. The split is always exactly the same.We are paid monthly, the same amount every month, no overtime allowance , etc.

If the project overuns, then the next one doesn't start until it's finished and the salary received by the employee doesn't change. In the very rare times a new project doesn't start, then we get asked to do "other reasonable duties" instead, which is normally helping other departments catch on paperwork. We get same salary then, too.

I think you might be right about the original intention of the structure of payments, but maybe over the years that's just gone a bit wonky and everything got lumped together and people got used to getting same salary. It would probably be a mess if WE ever wanted to fire anyone ... but since it is a single contract with a single figure then the notice period should probably hold for all work?

getmore4less

Can't see how anything other than the notice applies to both parts as it is only a notional split

 Especially as the custom and practice is you work even when no "project" the employee could just do 3 months of the notional 12hr projects as "other reasonable duties"

Everything is open for negotiation  but it would appear the current options on the table are too far apart.

I would be careful as one option the employer has is agree to dropping the notional 12hr project adjusting salary then piling on the "ongoing support work"  (no paid overtime)