Redundancy and PILON
Discussion
Hi another redundancy question 
A friend is part of an office that is closing and 'all' the roles are being made redundant in that office. However despite everyone being told they would get PILON, one person is being told he has to work his notice - 3 months. So instead of leaving at the same time as everyone else with an additional 3 months pay he has to stick it out. The thing is if the roles are redundant because the office is closing then he will have nowhere to work. Current suggestion from employer is that he works in a 'satellite' office - there aren't any so they would have to get somewhere temporary nearby.
Is this allowed? I assume it's normal practice in some way to screw people at this time but having been told everyone would get PILON then go back on it just for one doesn't seem right.
thanks
A friend is part of an office that is closing and 'all' the roles are being made redundant in that office. However despite everyone being told they would get PILON, one person is being told he has to work his notice - 3 months. So instead of leaving at the same time as everyone else with an additional 3 months pay he has to stick it out. The thing is if the roles are redundant because the office is closing then he will have nowhere to work. Current suggestion from employer is that he works in a 'satellite' office - there aren't any so they would have to get somewhere temporary nearby.
Is this allowed? I assume it's normal practice in some way to screw people at this time but having been told everyone would get PILON then go back on it just for one doesn't seem right.
thanks
As noted, check the precise terms agreed.
Usually, PILON is an option for the employer, and the employee does not usually have the right to a PILON unless the employer wishes to take that option. The employer cannot physically compel the employee to work the notice period, but if the employee declines to work the period when the employer wishes him or her to do so, the employer can respond by declining to pay the employee.
An employer can discriminate between employee A and employee B as much as the employer likes, so long as the the discrimination is not based on a protected characteristic, for example gender or race (there are several others), or a response to whistleblowing, trade union activity, and so on. If the employer has a legit biz reason for asking one employee to stay on as rearguard/night watchman/sweeper upper/whatever, that's fine. The employer is not accountable to employees, courts or tribunals for its biz decisions, whether good or bad.
In an extreme case, an employee might be able to say that the employer is breaching the implied term of mutual trust and confidence by marooning one lonely employee in the deserted spooky house whence all but he have fled, but in most cases an employer simply requiring an employee to perform the contract would not be such a breach.
Usually, PILON is an option for the employer, and the employee does not usually have the right to a PILON unless the employer wishes to take that option. The employer cannot physically compel the employee to work the notice period, but if the employee declines to work the period when the employer wishes him or her to do so, the employer can respond by declining to pay the employee.
An employer can discriminate between employee A and employee B as much as the employer likes, so long as the the discrimination is not based on a protected characteristic, for example gender or race (there are several others), or a response to whistleblowing, trade union activity, and so on. If the employer has a legit biz reason for asking one employee to stay on as rearguard/night watchman/sweeper upper/whatever, that's fine. The employer is not accountable to employees, courts or tribunals for its biz decisions, whether good or bad.
In an extreme case, an employee might be able to say that the employer is breaching the implied term of mutual trust and confidence by marooning one lonely employee in the deserted spooky house whence all but he have fled, but in most cases an employer simply requiring an employee to perform the contract would not be such a breach.
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