Forced to attend closed business

[TinksW]

Can someone advise please. A couple of friends of mine, who work together, have been made redundant. The business has closed and most staff have gone. But because my friends' notice period is longer, they are being forced to attend the business, basically to do nothing, till their notice period expires.

I think the business owner is just being difficult but it seems ridiculous. Do they just have to put up with this?

[paulajayne]

Re: Forced to attend closed business

Contract of employment is the place to start.

[TinksW]

Re: Forced to attend closed business

Thanks for responding. What should they look for in their contracts? They're not able to do their actual job as the business has already closed. Is that relevant?

[ULA]

Re: Forced to attend closed business

In a redundancy situation then there are several options for the employer in regard to how they manage staff and the notice period. They ask their staff to work their notice period giving them reasonable time off to attend interviews, they pay their staff in lieu of notice or they agree some form of compromise particularly if they are on a long notice period eg. 3 months in that they work a period of time and then the remainder is paid in lieu of notice.

If your friends are attending their place of work to literally sit and do nothing and are the only ones left then have they considered asking their boss if they can be paid in lieu for the rest of their notice period?

[TinksW]

Re: Forced to attend closed business

Thanks Ula. Their employer has told them, quite clearly, that if they leave before their notice period expires, then they are 'leaving' and will lose their redundancy pay!

[ULA]

Re: Forced to attend closed business

Unfortunately even in a redundancy situation your friends are contractually required to work their notice period (unless their contract says otherwise) and they will continue to be paid as normal. If the employer requires them to work their notice and if they do not, the employer can treat this as unauthorised absence and will not normally have to pay for the days missed.

[TinksW]

Re: Forced to attend closed business

Thank you for all responses and answers.