Redundancy negotiation and my rights

[Wonderbug88]

I have been working for Company A for a number of years. For the past 18 months, we were asked to start working on a project for my company's sister company Company B alongside some of our usual work. I was never given a new contract. They are legally separate entities but B had a service level agreement to provide certain facilities outside my job function such as finance.

We knew there was a chance Company A would be wound down over time and that we might be TUPE'd over to B or made redundant.

I did the work on the basis that I knew I'd get a good payout and/or be moved over (and I got new experience and skills).

We are now going through redundancy in Company A. I don't want to move to Company B anyway so that is fine.

I have to work three month's notice once I sign my settlement offer paperwork. There is an expectation that we will continue working on the Company B project at full capacity until we leave!

Even though my Company A contract allows for variations and I understand that you usually have to actively disagree with job role changes when they happen, I don't think it's enforceable here because I have no legal agreement with Company B in place and there's nothing in my current Company A contract stating any relationship with Company B?

What I also however don't want to happen is that if I say no to any further Company B work before signing my settlement offer paperwork, presumably they could withdraw or reduce the offer first?

[atticus]

Is the expectation mentioned in the 5th paragraph a term of the settlement agreement that you have been offered?

Whatever the answer, you should think very carefully before doing anything that might jeopardise the settlement.

[Wonderbug88]

Thank you. I have my consultation meeting this week. I'm not expecting it to be a condition of the settlement agreement, no.

It sounds as though I'm best off signing the settlement agreement first and then having a conversation afterwards about work for Company B.

In which case my question becomes as to whether after the settlement is formalised, could they enforce me working on Company B given I have no legal relationship with Company B (the job contract is with Company A)?

[atticus]

Have you looked at your employment contract? Might this have been varied by what you have been doing for the last year and a half?

[Wonderbug88]

Actually having double checked my contract (2011) the only clause relates to my job location changing. It doesn't actually mention anything about being able to change the role. I'm sure newer contracts probably would but mine doesn't.

Presumably I could get the settlement and then agree a compromise on the level of work I'll do for Company B after that (I'd like to keep some good will but also don't want to be working long hours).

[atticus]

Why do you presume that? I do not share your optimism that you can sign a settlement agreement and then decide that you will not continue to work as you have been working for well over a year without adverse consequences.

[Wonderbug88]

Ah OK, so by doing the work for this long there's a presumption that I have accepted it as part of my role now despite the lack of formal agreements around it?

[atticus]

That is very possible.