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About Kelloggs36

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  1. I just wondered if it is normal practice for them to withdraw an appeal before having had any contact (save for the letter acknowledging my appeal). Do they have the right just to withdraw because they want to? Do I not have the right to a hearing even if they are sure they will win?>
  2. We have written a letter requesting the week's notice pay - a copy is here: Thank you for your letter of 19 January 2011, whereby you state that my final shift constituted my notice period. I dispute this, as I had already worked 3 hours of the 8 hour shift for that day (I arrived at 8.30am for my 9am start, and left after 12pm) and Kevin said for me to go home as a gesture of good will for the way that the issue had been handled. As I understand it, notice commences on the day AFTER it is given and therefore runs from 11-17th January. I feel that I am owed 8 hours pay for that week
  3. yes it does - they have agreed to the holiday pay (which surprised us lol) but have said that she had notice even though she worked 3 hours of the shift.
  4. Hi, my DD went to work a week ago on Monday and was 3 hours into her shift when she was called into the office and told that her contract was being ended with immediate effect. He told her to go home there and then. When she put a claim in for her week's notice pay, she was told that as she went home then, she had to take that as her notice. I don't think this is right, but need to establish this as fact first. For a start she had already worked 3 hours so they owe her that as notice at the very least! She was contracted for an average of 8 hours per week and he said that as a gesture of
  5. Thank you for that - I had not counted the notice as added in my maths! I shall put this claim in writing to them.
  6. I think so, so she can claim only 8 hours notice payment but the 12.07% of the total hours as holiday as it is based on actual hours worked. That seems fair and makes sense. Should she put that in the letter? As she has worked a total of 345 hours over the 12 weeks, 12.07% of that would be 41.6 hours. The rate of pay was the same all the way through, so that would be 41.6 hours x £6 per hour = £246? I am assuming that the notice week is not included, or should she include the 8 hours for the notice week and add on 12.07% of that too?
  7. Hi - thanks, yes I have looked at Directgov website but it doesn't cover the circumstances exactly - it covers both normal and average calculations, but we are not sure which would be right in this case as contract says average, but not specifically the number of hours she should work. It is all so confusing! We understand that despite the contract stating no holiday accrued, that this is wrong in law and will be claiming it - but it is what to claim that is the issue!
  8. I shall try to explain the situation. My DD started a job on 20 October 2010. At interview she was told that job was full-time, but was given a contract which states "You will be required to work an average of 1 day per week and all benefits will be pro-rated at one fifth of that provided to full-time members of staff". Apparently, all shop floor workers have the same contract ie nobody is full-time except senior management. In fact the vast majority of staff were on fixed term contracts to cover the Christmas period. For the 12 weeks she was there, she always worked over and above the ex
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