Notice period problem on contract

[summer30]

It never rains but!

My husband is on a 3 month contract with an agency for the NHS

It states in the contract 5 days notice on thier side


they have just today given him 2 days notice


Should they not then pay him for the 5 days? as the contract states this is the minimum they are allowed to give?

I know contracts are different to permenent employment but I know this happened to me some years ago and they had to pay me a full month.

Any help appreciated.

[Sidewinder]

Irrespective of the notice which they have given him that he is required to work, he must be paid for the period stated in the contract. Where he has worked for at least one month, he is entitled by law to at least one week's notice - or five days pay if that is a normal working week. Anything less is a breach of contract - and a breach of the law.

[summer30]

hes only been there 3 weeks so is he still entitled to it because its written in the contract?

[Sidewinder]

Yes he is. A contractual agreement exists from day one, so unless there is a disclaimer to allow the employer not to have to pay the full amount in certain circumstances then he can hold them to the contract.

What exactly does the contract say? Does it say that in the event of a termination of the contract he will be entitled to 5 days notice, or are there any 'unlesses' to give them a getout if less than a month has been worked?

I take it that this is just a termination of agreement for operational reasons rather than through any dissatisfaction on their part? If the latter then there may be a getout. How have they worded the notice of termination?

[summer30]

The agent rang him and told him but didnt give a solid reason

As to contract will have a look see what it says specifically

[chesham]

In the contract, there should be a clause which states how much notice they have to give you - I know, legally, after a month it is a week but as for under a month, I am not sure - it is normally contractually bound.

I would check the contract to see what it says specifically about them giving him notice - it should be with the part which says how much notice he should give them.

[summer30]

OK, Ive checked the contract it is very brief it just says 5 notice, nothing about if he does something wrong etc.

Today they told him his work wasnt up to scratch however he has emails saying the contrary so hes printing these off just in case.

I turns out there was only 3 weeks work, but they told the agency 3 months, it also turns out they have taken someone on permenently before OH started for the job but he wasnt starting till later.

[summer30]

Seems like we are stuffed, there was apparently another contract between the employer and the agency, this is different to OHs contract

NHS have also said that it was the agencies job to give him 5 days notice so he has to take it up with them, although i dont see that as they didnt tell the agency till yesterday

[Sidewinder]

It doesn't matter whether the contract is between HHS and OH or Agency and OH - If he holds a written agreement that 5 days notice would be due in the event of the contract being terminated then that is what he is entitled to. Pursue the Agency if needs be with a written request for the money due to him under contract.

[summer30]

Now they have said that the contract between the agency and the employers that state if he isnt up to the job they can give less notice

Hes done nothing wrong at all

It seems really underhand in my book, the agency wont help so it looks like we are stuck if he wants to get a job in the same industry.