Daughter fired & re-hired contract dispute

[Smasher]

Hi, hope you're all well.

My daughter's employer has been treating their staff pretty badly lately. She's had enough and applied for another job, which she was lucky enough to have been given now, starts Monday week.

In her current job, she was fired and re-hired in September, with a probation period of 24 weeks. Her new contract says that until the 24 weeks has passed, the notice of termination required is 1 week. That applies to both parties. So she has given them a little over week's notice, but they are refusing to accept it, saying she must stay for at least 4 weeks, because they consider that the 24 weeks should include her previous contract.

The company has recently been notified that they will soon be audited by a regulator and have required the staff to return to the office full time to get their paperwork up to date for the audit. I presume this is why they are reluctant to let her go.
They're bringing the staff to the office, pretty much just to cover their backsides, because the management haven't carried out their duty.

I'm not really sure what action they might plan to take against her, but seeing as her previous contract was terminated by redundancy, it is her current contract that is in force and that says 1 week.
I'll go get the wording..

[Smasher]

Clearly stated here in, well it's red now, but original is black & white..

1. Name of Employee
You ***** began employment with ****** on 29 September 2020.


2. Date of Commencement of Employment
Your employment in your new role will commence on 29 September 2020. Your previous employment does not count as part of your period of continuous employment. Your period of continuous employment commenced on 14 January 2019.

10. Notice
The amount of notice to terminate your employment you are entitled to receive is not less than one week's notice and thereafter you are entitled to no less than four weeks' notice to terminate your employment.
You are entitled to receive the following periods of notice from ******: Until successful completion of your probationary period - 1 weeks' notice Over 24 week's continuous service but under 4 years - 4 weeks' notice
Over 4 years continuous service - one additional week for each year of service to a maximum of 12 weeks.

Periods of notice may be increased by arrangement to satisfy the requirements of *employer. Once notice to terminate your employment has been given either by you to *employer or by *employer to you, *employer may, in its absolute discretion decide not to vest in or assign to you any powers or duties; cease providing you with work; require you to undertake specific projects or prepare reports, either at home or on the *employer's premises; exclude you from any *employer premises; require you to return all *employer documents, materials and equipment forthwith.
If *employer decides to do this, you will continue to be paid your salary and to continue to receive all *employer benefits until the end of the period of notice.

[ostell]

I think it is quite clear that the period is 1 week

[Smasher]

Thanks Ostell, looks clear as day to me too!
So, this look ok?

Dear *employer

Further to my email this morning giving notice of my resignation and our online meeting this afternoon.
I am disappointed to have been told in our online meeting by **** that my 24 weeks probation period should include my previous period of employment.
I have attached a copy of my current contract and I refer you to section 2 which states clearly:

1. Name of Employee
You *employee began employment with *employer on 29 September 2020.


2. Date of Commencement of Employment
Your employment in your new role will commence on 29 September 2020. Your previous employment does not count as part of your period of continuous employment. Your period of continuous employment commenced on 14 January 2019.

Since this is the contract that is currently in effect, the requirement preiod of notice is one week, that notice was served this morning 12-02-2021 and hereby reiterated.


If you believe, as you have stated in our online meeting, that I would be in breach of contract in giving you this notice, please reply in writing at your earliest convenience, explaining how any alleged breach may occur and on what legal basis.

I look forward to your reply,
Smasher's kid

[ostell]

I wouldn't bother with the " If you believe...." paragraph and the next. The letter is a statement showing that they got it wrong and your daughter IS leaving so don't bother complaing.

[Smasher]

Ok thanks, I was just trying to tie them down to "in writing" if they wanted to respond, since they drafted her into an online meeting and threatened her with breach of contract verbally. Not sure exactly what action they think they would be able to take against her anyway.

Appreciate your help.

[Smasher]

Ah hang on! I just double checked again and this doesn't actually make sense if I break it down..

1 - Your employment in your new role will commence on 29 September 2020.
2 - Your previous employment does not count as part of your period of continuous employment.
3 - Your period of continuous employment commenced on 14 January 2019.

3rd statement says 14th Jan 2019! That was her previous period of employment, but that means it contradicts the 2nd statement.

Either way, she's leaving. I'm just trying to be sure that they're not going to be able to take any action against her.
I'm guessing that she's pretty solid in saying that the 3rd statement can't be enforceable, since being made redundant, then having to re-apply and get a new contract cannot be continuous employment?

Cheers

[ULA]

When was the termination of her first contract due to redundancy? Just need to check the the time between termination and re-engagement.

[Smasher]

She was made redundant on 17th August, although furlough payments continued. Started new contract on 29th September.

All done & dusted now tho. They've let her go now and even going to pay her ourstanding holiday pay, so she's really happy with that.

Appreciate your input, thanks.