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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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We were recently put on notice of risk of redundancy and the

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We were recently put on notice of risk of redundancy and the heritage charity/attraction I work for will be closing April 30. It's quite complicated really. My employer, a large wealthy corporation, is both the operator of the charity's trading subsidiary which handles all of the operations of the Museum as well as the biggest donor to the Charity entity which in-turn grants down the contributions to the trading subsidiary operations. My employer has decided to no longer make the large charitable contribution to the charity and as such the Trustees have been forced to dissolve their trading subsidiary operated by the corporation. Myself and three colleagues are now being told we are part of the dismantling team to handle the aftermath of closing along with the return of the charity's artefacts/objects/collection etc. It's not part of our job descriptions in any way and clearly is a deadend/time limited job. It's also professionally quite damaging to do this. Can you advise?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Is this something the employer wants you to do after you have been made redundant or in the lead up to the redundancy?

Customer:

Hi Ben, In the lead up to the redundancy.

Ben Jones :

Hi, in the lad up to the redundancy you continue being an employee of the charity and covered by the usual rules and terms of your contract. It means that you can only be expected to do such things as are allowed under your contract. This would include doing such tasks and jobs that are covered by your job description. If your contract does not state that your employer can ask you to do these tasks or there is no clause that states you could be asked to take on other additional duties, then strictly speaking you can refuse to do so and refer to your contract, pointing out that it is not covered by it. You may then advise the employer that you are certainly wiling to continue work until your employment terminates but only to do these tasks and activities which are covered under your contract of employment and if that is not possible, that you are either made redundant earlier or placed o garden leave.

Customer:

Thanks for that. If we were willing to dismantle the museum and handle the close down of the entities.

Customer:

Sorry sent by mistake... if we were willing to do as they want, we were thinking of suggesting


short compromise agreements be entered into by each employee agreeing to the new job descriptions at existing salary rates and providing for compensation payments equivalent to 6 month’s salary, made as tax free ex-gratia payments.


 

Ben Jones :

Well, you are free to suggest that but certainly cannot force the employer to agree to it. If they do not agree then they can just make you redundant now and pay you in lieu of notice for your contractual notice period and pay you the redundancy you are due. You have got negotiating material because you are offering to do tasks that are additional to your contractual description but whether the employer agrees to pay you compensation equivalent to 6 months' pay for you to do the work really depends on how important these duties are to them. Also the tax issue is not really down to the employer, there are specific rules regarding that and what payments are taxable and what are not so you may not necessarily be able to get them tax free, although that is an issue you need to discuss with a tax lawyer

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45351
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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