Am I obliged to work 9 weeks notice?

[P_J_R]

Quick question for any employment law experts if you can help? I have refused to sign a new contract varying my terms and conditions, so was verbally given 9 weeks notice at a meeting with HR last Wednesday. I was supposed to have had a confirmation letter through the following day, but as yet have received nothing.

I asked if I could have pay in lieu of notice but they said probably not. Can they legally make me work the 9 weeks; I only ask as I have another job lined up?

Any help much appreciated.

[edc]

It's not clear what your contractual position is but you are obliged to work your notice and be paid for it. You can opt to not work it, not be paid for it and be in breach. What consequences the breach will have who knows. Why would your company pay PILON when it seems like you have resigned? An alternative is to negotiate an earlier release date and be paid up to that date.

[P_J_R]

Ed,variation to terms meant that I'd be working a 10 hour day for 8 hours pay, so refused to sign on principle. I work from home in a mobile role and for the last 10 years they've been happy to let me work flexitime. If I was well paid I'd have thought twice about it, but sometimes you just have to make a stand even if it involves cutting off your nose to spite your face

[john_p]

Yes you do have to work it - if you walk then getting a reference might be tricky and you could be charged for replacement staffing costs.

However I'd be very surprised if your company wanted a disenfranchised employee sitting around for 9 weeks especially if you were off to work for a competitor (hint hint) - this may make them much more open to an early exit, or putting you on gardening leave (just as summer starts..)

[P_J_R]

john_p said:

However I'd be very surprised if your company wanted a disenfranchised employee sitting around for 9 weeks especially if you were off to work for a competitor

This is what's so odd about the whole thing; I've no real motivation left and they must know this. Perhaps they're waiting for me to slip up so they can go for instant dismissal and save money that way.

[Puggit]

As per John P - aren't you going off to a competitor?

[P_J_R]

Puggit said:

As per John P - aren't you going off to a competitor?

Unfortunately the company I work for don't have a competitor as such; we work soley for one customer, so that's that one out the window

[tim2100]

I would suggest to them, that you can either do nothing for 9 weeks, or work hard for 4 weeks and then leave.

That way they have you working hard whilst they can find somebody else.

[P_J_R]

Ok, quick update; received my letter from HR today and they enclosed a new contract in case I changed my mind. It was the usual "we don't want to lose a valuable worker yada yada".

Reading through the new contract, I notice I no longer get company sick pay plus I've lost 6 days annual leave on top of having to work a 10 hour day and get paid for 8. A mate of mine thinks it's constructive dismissal and says I should fight it. Personally I don't think I'd win plus I really can't be bothered with all the hassle.

So what do you guys think of the sneaky changes?

Edited by P_J_R on Wednesday 28th April 16:48

[john_p]

Sit around working 8 hrs days while all around you work 10. Make full use of the healthcare (how's your back?). Eventually your company will get the idea and let you go early. Have fun.

[itsnotarace]

P_J_R said:

I have refused to sign a new contract varying my terms and conditions, so was verbally given 9 weeks notice at a meeting with HR last Wednesday.

I am assuming you have already read through this

http://www.direct.gov.uk/en/Employment/Employees/E...

[fluffnik]

P_J_R said:

A mate of mine thinks it's constructive dismissal and says I should fight it.

So do I, fight it hard.

[odyssey2200]

ACAS will put you right on all legal matters.

I really am unsure about them being able to impose a contractual change on you under threat of dismissal!

[P_J_R]

Thanks guys, will contact ACAS and see what they say. It has been suggested that I try the "no win no fee" employment solicitors; any views on that one?

[P_J_R]

swerni said:

I would look into constructive as well.

Phone round a few solicitors and see what they say, from what I've been hearing you may get a free consultation If you do go no win no fee it will end up costing you more.

Do you really want to take them to court?
Do you want the hassle?
Will it impact your future career?

If it were me I would find out where I stand legally, then go back to the business an explain that if they force you to, you will reluctantly take action. Point out you would much rather come to some kind of understanding.

At that point you can negotiate a pay off and termination of contract with a good reference in writing.

Job done!

You're far too sensible for PH swerni

[P_J_R]

swerni said:

On the other hand you can go and kick the HR girls back doors and them ram raid the office in an MX5

Now that's more like it

[wiggy001]

Not sure where you are based, but I have used the services of Thomas Mansfield before and had a more than satisfactory outcome. Could be worth a few quid to have a consultation with them?

[Vron]

swerni said:

I would look into constructive as well.

Phone round a few solicitors and see what they say, from what I've been hearing you may get a free consultation If you do go no win no fee it will end up costing you more.

Do you really want to take them to court?
Do you want the hassle?
Will it impact your future career?

If it were me I would find out where I stand legally, then go back to the business an explain that if they force you to, you will reluctantly take action. Point out you would much rather come to some kind of understanding.

At that point you can negotiate a pay off and termination of contract with a good reference in writing.

Job done!

I need advice on how to word effectively this to my Employer.

Having taken legal advice I have a cast iron case for cons dismissal. I want to basically leave but make the point I am being forced to do so so they should strike me a deal to go quietly. My sol advises by using the cons dismissal route you are effectively resigning on the day and they don't have to pay you your months notice as you won't be working it but he reckons they will buckle at the thought of a claim and make an offer. I am therefore keen to get my months pay for May.

How do I word this with HR to get the fastest and cleanest outcome?

[Jasper Gilder]

You weaken your case for Constructive dismissal by working under the new terms, but they've given you 9 weeks during which teh old terms presumably apply.

First step is to raise a formal grievance using your firm's procedure. tribunals look a lot more favourably on constructive dismissal cases if it looks as if you've tried everything you can to explain how unhappy you are.

This should take a few weeks

Then write to them indicating that you believe your contract of employment has been repudiated and indicating the date on which you intend to leave. If they get rid of you before they should pay you in lieu because they are not summarily dismissing you.

Then send in the ET1