Question:
Can my employer negotiate a shorter notice with me?
veryconfused
2008-12-08 13:41:14 UTC
I am asking my employer to delay my redundancy or let me use my holiday entitlement then make me redundant.

I know I will be paid for my holidays and notice period anyway, but I have an interest in staying 'on the books' as long as I can for some reason...

My employer knew that I favour this, so they started negotiating me for shorter notice period, so I get less money.

Can they do that, is it legal?

My contract says 1 month period, but they want me to resign giving 2 weeks in notice if they delayed my redundancy (I work in UK).
Four answers:
photog
2008-12-09 02:11:39 UTC
It is exactly that a negotation.

You want something, they want something.

You negotiate and come to a mutually agreeable solution.



They cannot change things without your knowledge or permission just as you are tied to the contract terms and any redundancy terms which are agreed between you.
2008-12-08 13:53:25 UTC
No, they cannot negotiate a shorter period than in your contract. If the contract says one month's notice then that's what they have to give.



But, they certainly don't have to allow you to delay your redundancy or use your holiday entitlement or whatever. I'm sure the millions of Britons who have been made redundant in the past couple of months would love to have done this! But why should they allow this?!



The normal situation would be ...



- The employer gives you one month's notice as per your contract



- The two of you negotiate over whether you will work your notice or not, but you will be paid for it anyway - this will most likely depend on your job and industry, and on their reasons for making you redundant



- If you are working your notice period, then you may ask to take annual leave during the notice period and they may say yes or no



- If you do not work your notice, or do work it but don't take holiday, then they will pay you in lieu of your remaining annual leave
Steve B
2008-12-08 14:23:59 UTC
In UK, the minimium Notice Period is laid down by Law (hence 'statutory' notice) = it's 1 week per complete year of service) and you can not be forced to 'give it away' (they lay themselves open to an Employment Tribunal claim if they do so) ..



HOWEVER although you might be entitled to say, 4 weeks Notice (if you have worked there for at least 4 years (and less than 5) they can always offer you "money-in-lieu" = indeed at lot of places will pay you to depart the office immediately .. ..
2016-10-16 02:09:21 UTC
you have have been given reasonable grounds to renegotiate , yet , did you sign the employment settlement , you're actually working under ? in case you probably did , are you on solid family with your corporation ?


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