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About Matt84863

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  1. I do take take your point. I have represented many people in court as a lay person, you need to apply to the judge based on personal need. Ie a medical condition, disability or physiological condition that would exacerbated by being in that situation. Tracey suffers with anxiety and therefore could be in a position where she is unable to articulate an appropriate case. We have written to the employer to reconsider.
  2. Thanks, she is reliant on the reference, so they could refuse it. But on the grounds of a despite of notice seems a little excessive. There’s just something that the small claims route makes me nervous. The judge will not necessarily be an employment expert and therefore he/she will be not necessary be making their decision based on actual proven wrong doing. She could then end up with no money and no reference and come September no job! I have plenty of ‘evidence’ at my disposal to discredit the Director as her Practices have been shocking recently but I can’t guarant
  3. Hi, Thank you to everyone who has commented. Is anyone able to assist further? Only as we need to get back to her employer. Regards Matt
  4. Hi all, Just an update with contractual terms. These terms are from a contract at a similar time to when Tracey started as we think they have changed since. The contract reads as follows: Termination of employment Xxxxxxx (Nursery) will provide written notice of termination of your employment in accordance with statutory requirement (currently 1 week’s notice for each year of continuous service, up to a maximum 12 week’s notice). Once you have successfully completed your probationary period for the company you are required to give 1 month’s
  5. Yes but I think in a small claims court it will be far harder to prove. I have plenty of evidence to discredit the Director but again it could still not be enough. She will be a month with no money and I think it’s far more risky than a tribunal where this action alone could result in the desired outcome. I have said to her to request a face to face meeting to enable both parties to conclude, ideally resolve and at that point we can decide what action we wish to take.
  6. Thank you. They did refer to an implied contract as she mentioned her ‘contract’ in her resignation. She gave notice for the 28th August and referred to the minimum 4 weeks notice in her ‘contract’. The Nursery quickly rebuked as inaccurate Claiming it was not a minimum but a fixed term. They are claiming that she was fully aware of her contractual obligations in their last letter today, despite in their eyes not conveying her contract accurately at all? Seems very odd. We have made it clear that we will pursue this at ET as we feel that they are being unfair and ultima
  7. Hi, the wording is as follows: When a handbook wishes to hand in their resignation they follow the procedure set out in their contract. A typical length of notice is a month. The staff member must put in writing their resignation. A little vague I appreciate.
  8. Hi, To give an update, Tracey requested a copy of her contract to provide the relevant wording however it seems she never actually signed one. She received the usual ‘implied contract obligation’ and that Tracey having mentioned ‘a contract’ (despite the company rebuking the content as inaccurate) in a previous email they seem to discredit their own point. We have referred to the wording in her employee handbook which states that the ‘usual’ notice is a month. We have also found that despite the company digging in their heels with regards to this,
  9. Hi, she is waiting for a copy. Although she has been made aware of the company allowing another employee in a similar position give notice and have accepted this until the end of August?! Could she claim discrimination? She’s worked there nearly 3 years and the other person apparently less than a year!
  10. Hi, We just need to know if there are further grounds to be able to pursue this matter. Her employer has agreed to extend until 31st July, however won’t until 28th August. It will mean that Tracey will have serious financial issues not having any income come the end of August along with working tax credits she will lose that will significantly affect her income. Regards Matt
  11. Any further assistance would be greatly appreciated. Regards Matt
  12. Thanks, The holiday calculation is correct and they do owe a week. The contract could be argued either way I agree and there is no real justification for not allowing her to continue until 28th August. The company has made up some reasons that can easily be dismissed by their actions, however these would not necessarily grounds for wrong doing. They initially said as she was furloughed they could only take 4 weeks (as she wasn’t currently working) and that due to operations they felt it was inappropriate to keep someone they knew was leaving due to issues with child con
  13. Thanks, She’s been there nearly 3 years. They offered to extend to 31st July to include 1 weeks holiday she has accrued. Regards Matt
  14. Hi, I am hoping someone can help me! My Wife was offered a new opportunity which pleased me greatly as her current employer is terrible, along with some of their very questionable work practices. Her new job starts in September at a school and therefore her employment would start some time in the future. With this in mind we were unsure for her to delay handing in her notice at work or to give forward notice of the 28th August. We chose the latter as due to the nature of her current employer, we felt they would absolutely cause issues f
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