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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

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how long has she been employed?

as ACAS says it depends on her terms of employment but what I would do is look at any holiday owed and add it to the end of ther notice period rather than take it during unless her contract forces her to take leave during notice.

the devil is in the detail

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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

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you will need to read her contract/terms of employment, it is common for employers to say the notice period is a fixed one rather than a minimum when it suits them.

I would also do my own calculations for accrued paid holiday rather than just accept their word it is a week.

can she withdraw her notice? yes but some employers wont accpet that as they will say the trust between employer and employee has broken down.

You could take advice from ACAS about this, they may think that it is procedurally flawed and advise accordingly and telling employer that they have been consulted if things are in your favour may well make them reconsider.

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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

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Any further assistance would be greatly appreciated.

 

Regards

 

Matt 

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What questions do you have remaining, Matt?

 

HB


Illegitimi non carborundum

 

 

 

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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

 

 

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Can you post up the exact wording of the notice period clause in her contract of employment please.

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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!

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discrimination requires a protected characteristic, in law. is there one which applies?

 

Regardless, pursuing this through court will be lengthy and stressful and will not solve the immediate funding issue.


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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