Notice period advice please
Author
Discussion

sparky74

Original Poster:

160 posts

260 months

Tuesday 25th June 2013
quotequote all
I need some help with a notice period issue.

I work as the accountant to a hotel. The company has sold it's prime asset (the hotel) to another company and all the staff are being novated over. I've chosen not to novate and expected to receive my notice period (3 months) on completion of the sale as I was told that anyone not signing would be terminated with PILON.

My current employer (the seller) has since told me that they require me to work these 3 months to 'finish things off' and 'help with the transition to the new owners'.

I'm not happy about this a) they've had plenty of opportinity to tell me that this was their plan all along when I've discussed with them that I'd be leaving on completion, and b) I've already made plans and have a new role to go to.

Can anyone give a steer on this? I would have thought on completion of the sale, seeing as my role had substantially changed, the correct legal option was redundancy and hence 3m PILON?

Can they really enforce me to work this? (3m notice is in my contract).

Also, and this is something I'd not normally consider, but what are the thoughts/implications of just walking away? I do understand that I wouldn't get the 3 months pay but I'm sick of their underhand games.

Thanks


JagPJ

293 posts

234 months

Tuesday 25th June 2013
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Yes. It's your notice period. They choose whether your work it or not. Simple really.

Gargamel

16,349 posts

290 months

Tuesday 25th June 2013
quotequote all
When they told you anyone not moving would get paid off. did they put it writing, or also tell other people ?

anonymous-user

83 months

Wednesday 26th June 2013
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When I qualified in the 70's and there were redundancies every day, the finance director at my first job told me I had picked the right proffesion, as I would be last man needed on site in a redundancy sitution, to remember this and if there was redundancy negotiate my deal accordingly, as I would not be free to leave at the best time to suit me to get a next job, but need to stay to the end.

sparky74

Original Poster:

160 posts

260 months

Wednesday 26th June 2013
quotequote all
Nothing directly in writing (surprisingly) but our MD was told this and this was verbally relayed to 20+ staff in a meeting.

The 'termination on completion' is referred to in the novation agreement, however obviously I won't be signing this as I won't be transferring over, so I'm not sure how I legally stand on this.

I just can't see how when the only business asset has been sold (and this is fundamentally required to operate the business, therefore substantially changing my role) that I can still be employed to do the same role?