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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75146
Experience:  Qualified Solicitor
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I have put in for Voluntary redundancy which has been

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Hi i have put in for Voluntary redundancy which has been accepted. Part of the deal was that i get 3 month pay. My company is now making me the work the 3 month. and they are now insisting that i learn a new job role because there is no actual work for me while working the 3 months notice, can they do this?
JA: Where are you? It matters because laws vary by location.
Customer: Montrose scotland
JA: What steps have you taken so far?
Customer: None so far, they want to start the new job training next week
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: All other staff members higher up than me have been able to leave and benefit from the 3 months wage package. Only myself and another part time member of staff in my team has to work and leave a new job role

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Can I just check how long you have worked for this employer please?

Customer: replied 12 days ago.
12 years

OK I understand and thank you for providing this information. Please leave it with me for now; I will get back to you with my answer as soon as I can, usually the same day. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. Unless it was specifically agreed that the 3-month pay would be paid to you as a lump sum and you are not expected to work through that period, they can ask you to work as normal. The issue is what you would be doing during that time. If they are asking you to undertake additional duties, which are not in accordance with your normal duties, you need to check your contract to see if it says anything about the employer being able to ask you to take on such additional duties (even if it is general in nature and is not that specific about what these duties may be). If there is no such flexibility clause in the contract, you can challenge them on the basis that you should only be asked to undertake your contracted duties and if there is not enough work there, they should either pay you off and pay the sums owed as a lump sum, or place you on garden leave.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 12 days ago.
Thank you. Dont presently have a contract because the company i work for now brought out my old company and as a result tupe we worked under our old company's policies etc. The tupe period has passed and we are still under the old companies contact

Hi there, thank you for your further queries, which I will be happy to answer. When you transfer under TUPE, your pre-existing terms and conditions automatically transfer over to the new employer so you can assume that your old terms are still in place and valid

Hello, I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.

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