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.

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 guarantee that I’ll be allowed to represent my wife in the court and she wouldn’t stand a chance representing herself as she’s very anxious in that type of situation and would maybe discredit herself if she was to contradict something she had said previously. I would apply to the judge to bring her case without the need for her to be present.

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

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 written notice of termination of employment. Regards Matt

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.

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 ultimately sacking her before her notice. To find another employee having been accepted for the same notice just makes no sense that they would not be consistent, especially as the other employee has no statutory rights and Tracey does. I suggested they keep her furloughed until her last day as an easy way to resolve and yet again they managed to find barriers that don’t exist, for example employers NI costs they would have to pay despite being under the threshold. Her holiday entitlement wouldn't change either as she would not have completed another month. Is there anything other I can say? I have suggested to my wife organising a face to face meeting with the Director in an attempt to resolve. I know that an ET would look favourably on any attempt to continue dialogue to ideally resolve prior to any hearing. Regards Matt

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.

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, another staff member with only 8 months service has been allowed to give notice for the end of August, in contrary to all their previous correspondence. Whether this is deemed as discrimination, it is certainly showing as unfair to not agree to Tracey with nearly 3 years service. I would appreciate some further advice. [Mobile number removed] Regards Matt

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!

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

Any further assistance would be greatly appreciated. Regards Matt

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 continuity at the nursery. This is despite the Nursery having a 3 week rolling furlough schedule with their staff who worked 3 weeks and were then furloughed again and so on. I don’t believe this was the purpose of it if it sheds any light on wrong doing? They could keep her furloughed until 28th August and she has requested this, however the came back with more lies regarding Employer’s NI that they would have to pay despite her falling under the threshold to pay it. There is no way they would agree to withdraw her notice! Not sure where we can go from here. Regards

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

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 for her should they find prior to the actual notice that she had been offered another job, should references be requested. There have been many recent issues of shocking HR practices I would be able to elaborate on if required. They initially replied with a letter saying (Not verbatim) ‘thank you for your letter giving four weeks notice...your last date of employment will be xxxx’ which was surprising as they did not acknowledge the fact she had said that she was giving more notice than she needed to and effectively was not true as at no point did she give 4 weeks?! Or stating that she only needs to give 4 weeks. She spoke to ACAS who initially said they couldn’t force her to leave earlier as this would constitute sacking etc. Having had more communication back and forth from her employer ACAS have since said is is dependant on the wording in her contract. I am confused how this could have changed?! She has worked for this employer for nearly 3 years, been expected to work, train and attend meetings without pay or time in lieu and as above there have been other disgraceful practices with regards to other employees as well as her. Long and short is they have offered to extend employment until 31st July but that leaves her a month without pay or working tax credits as she works 16 hours per week. Any advice would be gratefully received. Could she withdraw her notice? As she is still within the initial 4 weeks? Regards Matt Taylor