What constitutes notice?

[Kelloggs36]

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 good will, she could go home on full pay for that day, but is now saying that this is her notice pay!

 

Please help!

[honeybee13]

Hello again. Does this link in to your previous thread earlier this month?

 

My best, HB

[Kelloggs36]

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.

[honeybee13]

I don't know if it's relevant, but do you have anything in writing that proves she was told to go home?

 

My best, HB

[postggj]

they just cant terminate her contract without notice

 

well they can with seVere results

 

HOW LONG HAS SHE WORKED FOR THE COMPANY

[SarEl]

they just cant terminate her contract without notice

 

well they can with seVere results

 

HOW LONG HAS SHE WORKED FOR THE COMPANY

 

If you call 8 hours pay severe results, then yes.

 

You previously told us that she had less than a years service. She is therefore not entitled to calim unfair dismissal but can claim wrongful dismssal. This amount to, since they have apid her holiday, one weeks wages in addition to the holiday pay. It was one week from the moment she was dismissed - so + three hours.

[Kelloggs36]

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.

 

In addition, please show me the calculation you have used in order to calculate my holiday pay, as it is incorrect. It should be 12.07% of total hours worked (including the notice week), so I believe this to be short as I worked 345 hours, plus 8 hours notice which totals 353 hours, multiplied by 12.07% equals 42.6 hours.

 

I look forward for confirmation of this.

 

Yours sincerely

[SarEl]

I would simply add that if no payment is made within 21 days you will take legal action without further notice. Seven isn't really reasonable (although I know they aren't being reasonable, but you have to be).