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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47340
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am in redundancy consultation with my employer, Tesco. In

Resolved Question:

I am in redundancy consultation with my employer, Tesco. In my third week of consultation I was told I would I would have to work two weeks of my twelve week notice period, contrary to what I was told at the start of consultation.
The reason for the collective redundancy is Tesco is ending the night shift operation on 6 Nov 2016 in the store I am contracted to work night shift in.
My consultation period was two weeks late starting due to holidays. Most at risk colleagues will be able to work two weeks notice before the night shift operation ends. My consultation period ends 3 Nov, the last working night of my week.
How can I be asked to work after my job is redundant and I am taking compulsory redundancy?
Thankyou for your help.
Submitted: 9 months ago.
Category: Employment Law
Expert:  Ben Jones replied 9 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 9 months ago.

How long have you worked there for?

Customer: replied 9 months ago.
twenty one years
Expert:  Ben Jones replied 9 months ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 9 months ago.

Sorry just one thing - to clarify, what are you expected to work for those two weeks, are you for example asked to do day shifts? If so, does your contract state that you can be asked to work hours/shifts different to your contracted ones?

Customer: replied 9 months ago.
I just want to know if I can be asked to work part of my twelve week notice period when the job I am contracted to work will not be a part of the operations in my store. I have a straightforward contract. Job title/location/shift.The reason for the collective redundancy is the night shift will no longer be part of the operation. This will be implemented on 6 Nov. I assume if my job is no longer there to work on this date my contract is not valid and my employment will be terminated on this date. In order to work any of my notice period I would have to work a different contract and I already know I cannot do this because I have been made redundant by the company.At the start of my consultation period I was told I would be paid for my full twelve week notice period because there was no night shifts in store two days after my consultation ends.I think the problem is the way they have the payroll set up for final payments takes two weeks pay off for every one. My consultation period started two weeks late therefore I will be unable to work the two weeks notice in my job. I will have been made redundant and be unemployed.How can the company ask me to work after this. Surely they have to pay the whole of my notice period as in lieu of notice.
Expert:  Ben Jones replied 9 months ago.

This is where the terms of your contract will be relevant. If you are contracted to do a specific job, such as only work a night shift and there are no options in the contract allowing the employer to be able to ask you to do any other hours, then they would not be able to do that. However, many contracts can have a clause which gives the employer the right to require its employees to work any additional or different hours to the contracted ones, if the business needs it. That does not allow them to just permanently change someone’s hours to suit the business, but it does cover occasions when they may be required to do this as a one off or short-term. That is why it is important to check the contract to see if they are allowed to do that and if they are, then they can rely on such a clause to make you work a different shift for two weeks because that is clearly a one off short term requirement due to the circumstances.

This is your basic legal position. I have more detailed advice for you in terms of the rights you have should there be no such clause, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

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Expert:  Ben Jones replied 9 months ago.

Thank you. If no such clause exists then the employer is basically acting in breach of contract by asking you to do work which is against the terms of your contract of employment. You can raise a formal grievance to complain about this and in the end you cannot actually be forced to work that time so I you refuse to and they do not pay you for it – you can make a claim in the employment tribunal to pursue the money you should have received for those 2 weeks.