Asked if I'll work extra 2 months

Hi,

I've just found this site and really hope somebody can help as my situation is giving me a lot of anxiety at present.


1) I was "at risk of redundancy" and now it has been confirmed I am in a refundancy situation.
2) The end date has been issued to us as 2 weeks time.
3) It was agreed that a £2000 enhanced redundancy package is available for employees that stay until the end date.

However, my current employer has asked me to work 8 weeks extra - with pay. Out of 6 employees in this situation, I am the only one who has been asked to

extend.

I have been advised that if we continue past the redundancy date, the bonus "enhanced redundancy" will be paid at the end, i.e. at the end of the 8 weeks

extra.

I reluctantly said "yes" to working the additional weeks - before they told me all my fellow employees were leaving in 2 weeks time. It was obviously staged this way so I would agree, since I was told in general terms that some people might be asked to stay. Because of my technical

expertise they would like me to stay but I am tired of the work now and wish to get out of there ASAP with the £2000 we have been promised.

The reason I was reluncant to say yes was that I had a job in the pipeline but this wasn't confirmed. Therefore I said yes but it appears I may be able to start a new job within a few weeks. (I really do want to get out ASAP).

My question is: If I say I have a new job offer and that they want me to start soon, where do I stand in terms of leaving and the enhanced redundancy (note they have offered me enhanced redundancy as a sweetener for us to stay until the official end date as I do not qualify for statutory redundancy).

Sorry for the length of this and I hope it makes sense. I really appreciate any advice as they've got me working on other "projects" now that isn't part of my original job description and I'm ready to move on.

With Thanks.

Yes it makes perfect sense. But I am afraid that you won't get the answer that you like. For a start off, you have agreed to this, so it is far too late to ask for advice now - you have varied the conditions of the deal by mutual agreement and you cannot now back out and guarantee that enhanced payment. The only consolation is that you couldn't have refused - there is no "right to be made redundant" and the law in this area exists to support the retention of jobs for as long as possible. Since you had no other job, refusing would not have been an option (in law) and the employer could have varied the end date at any time, with or without your agreement.

If you obtain another job you can serve counter-notice and leave to start a new job - but again I doubt this will be of any use to you since you have less than two years service, and you can only serve counter notice during the statutory notice period - which in your case is only a week, and means that you could only serve it in your last week of employment. And doing this does not protect your enhanced payment, which is a private agreement between you and the employer - it only protects actual redundancy pay, which you do not qualify for.

So I am afraid that if you wish to leave early it must be by mutual agreement, or by your serving your normal notice period, and if the latter falls short of the agreed period, then you may loose the enhanced package if the employer decides to play hard ball.