Advice regarding notice.

[bobbynegs]

My partner works in a setting and has tendered her resignation. She was on a period of probation (6 months) which has not yet elapsed. She has signed no contract. It was made velar to her that during this period she could be let go with no notice, but was never informed of how much if any notice she would need to give should she choose to leave. Her employers are now claiming she needs to give 6 weeks' notice before she can leave. We have asked to see any documentation confirming this, or signed by her agreeing to this. They have sent us a Staff Guidelines document which neither mentions anything about periods of notice, nor is it signed. When she asked to see a copy during a meeting they told her they couldn't present one 'just like that'. We are handing in a formal letter of resignation asking that while we understand that they require the 6 weeks' notice, despite never having been informed of it, we would appreciate it if they could release her with immediate effect.

Have we got any argument should they insist on her working her notice? They've already said they will not give her a reference in the future as they suspect, rightly, that she is moving to another employer in the same industry, despite them not giving her her requested part-time hours, which her new employers are willing to do.

Any help would be gratefully received.

[CleverClogs]

Re: Advice regarding notice.

If the idiots won't give her a reference anyway, and if they insist upon her serving a notice period in some semi-mythical document that she's not seen and which may not even have existed at the time, tell the buggers to get stuffed.

[ploddertom]

Re: Advice regarding notice.

What frequency does she get paid?

[bobbynegs]

Re: Advice regarding notice.

What frequency does she get paid?

Monthly.

[CleverClogs]

Re: Advice regarding notice.

Then that should be the notice period.

[bobbynegs]

Re: Advice regarding notice.

Then that should be the notice period.

What about any outstanding holidays she is owed? can they be deducted from the period of notice?

[CleverClogs]

Re: Advice regarding notice.

One would suppose they could be taken as part of the notice period.

[winner12]

Re: Advice regarding notice.

My partner had the same thing when he changed jobs they said he had to work a month and could not use his holiday as notice
in the end he just told them he was leaving left within a week and got paid his hols and a weeks notice

[Tools]

Re: Advice regarding notice.

There are two types of notice period: statutory and contractual. Statutory notice is the minimum legal notice that can be given, employer's should give the employee:

• one week's notice if the employee has been employed by the employer continuously for one month or more, but for less than two years
• two week's notice if the employee has been employed by the employer continuously for two years, and one additional week's notice for each further complete year of continuous employment, up to a maximum of 12 weeks. For example if an employee has worked for 5 years then they are entitled to 5 weeks notice.

Employee's must give their employer a minimum of one week's notice once they have worked for one month, this minimum is unaffected by longer service. However, contractual notice is the amount of notice that the employer can set out in the terms and conditions of employment which can be longer that the statutory notice. For example the statutory notice an employee must give to an employer is one week, however, an employer can state within the terms of employment that an employee must give one months notice.

The notice period will start from the start of the day after the day that notice was given, for example if a week's notice is given on Monday then the start of the notice period will be Tuesday and expire the following Monday.

She should make a written notice of termination, stating the final day/date of work and indicating that any accrued holiday pay not already taken be included in her final pay at the end of the month when it would normally be paid.

[bobbynegs]

Re: Advice regarding notice.

There are two types of notice period: statutory and contractual. Statutory notice is the minimum legal notice that can be given, employer's should give the employee:

• one week's notice if the employee has been employed by the employer continuously for one month or more, but for less than two years
• two week's notice if the employee has been employed by the employer continuously for two years, and one additional week's notice for each further complete year of continuous employment, up to a maximum of 12 weeks. For example if an employee has worked for 5 years then they are entitled to 5 weeks notice.

Employee's must give their employer a minimum of one week's notice once they have worked for one month, this minimum is unaffected by longer service. However, contractual notice is the amount of notice that the employer can set out in the terms and conditions of employment which can be longer that the statutory notice. For example the statutory notice an employee must give to an employer is one week, however, an employer can state within the terms of employment that an employee must give one months notice.

The notice period will start from the start of the day after the day that notice was given, for example if a week's notice is given on Monday then the start of the notice period will be Tuesday and expire the following Monday.

She should make a written notice of termination, stating the final day/date of work and indicating that any accrued holiday pay not already taken be included in her final pay at the end of the month when it would normally be paid.

Thanks Tools. She has never been told of any fixed period of notice, nor is there any in her Staff Guidelines book which she has been asked to refer to. And there was never a contract offered let alone signed. We an live with a week, her new employers will wait, I'm sure.

[Tools]

Re: Advice regarding notice.

I am also sure that if she explains her situation to her new employer they will be understanding and may also respect her more for doing things "by the book" as it will show she will respect the new companies policies and procedures.

[bobbynegs]

Re: Advice regarding notice.

I am also sure that if she explains her situation to her new employer they will be understanding and may also respect her more for doing things "by the book" as it will show she will respect the new companies policies and procedures.

This was the case as it turns out, though we are still having problems with the old employers who have accused her of not returning one of her uniform shirts, something I actually did in person, along with her locker key. We are also still waiting to receive her P45, which was promised on Friday but wasn't done. I called in there today to collect it and was informed it had been posted on Friday. Conveniently.

There is even another issue where she has been accused of taking clients to her new workplace. In fact (she worked/works in a nursery) the parents of a number of children have taken their children out and to her new place as both they and the children liked her. A former colleague went in there the other day and a member of staff made a vague threat that my partner should 'watch out'. Just want the P45 so we don't have to have any contact with them anymore.

[teaboy2]

Re: Advice regarding notice.

Don't worry to much about the P45, ask the new employer for a Starter Checklist which replaced the P46 form. The new employer can use the starter checklist to be able to work out her tax contributions from her wages. It may mean being on emergency tax code for a few weeks, but it works out over the financial year so shouldn't end up having paid more tax, then you were meant too.

Main concern is the threats, if the parents decided on their own initiative to move to the new play school, then that's their decision and nothing to do with your partner. Therefore the threats amount to criminal harassment in breach of the protection from harassment act 1997.

Who was the staff member?
Was it her former college, or a new college that was merely passing on a warning based on what she heard said by the former college?
Why was the former college there in the first place?

Answer the above and we can look at putting a letter together warning them to cease and desist from their current actions making clear you deem it as harassment. We can also bring up breach of employment rights act 1996 and their failure to provide tax documents which they have a legal obligation too provide.

In the mean time, contact HMRC and inform them that the employer has refused to provide a copy of the P45. It may be that they have not been paying PAYE tax and NI to HMRC, as that can be the case when an employer is reluctant to provide P45's - Though that's only optional, as stated before you do not need it for new employment.

[bobbynegs]

Re: Advice regarding notice.

Don't worry to much about the P45, ask the new employer for a Starter Checklist which replaced the P46 form. The new employer can use the starter checklist to be able to work out her tax contributions from her wages. It may mean being on emergency tax code for a few weeks, but it works out over the financial year so shouldn't end up having paid more tax, then you were meant too.

Main concern is the threats, if the parents decided on their own initiative to move to the new play school, then that's their decision and nothing to do with your partner. Therefore the threats amount to criminal harassment in breach of the protection from harassment act 1997.

Who was the staff member?
Was it her former college, or a new college that was merely passing on a warning based on what she heard said by the former college?
Why was the former college there in the first place?

Answer the above and we can look at putting a letter together warning them to cease and desist from their current actions making clear you deem it as harassment. We can also bring up breach of employment rights act 1996 and their failure to provide tax documents which they have a legal obligation too provide.

In the mean time, contact HMRC and inform them that the employer has refused to provide a copy of the P45. It may be that they have not been paying PAYE tax and NI to HMRC, as that can be the case when an employer is reluctant to provide P45's - Though that's only optional, as stated before you do not need it for new employment.

Hi Teaboy. Thanks a million for the reply. The person who is said to have made the threat "..she had better watch her back..." was a colleague of my partner's who still works there. I went to her ex-employers yesterday to collect the P45. They had promised to email it to her Friday. She asked for it to be done around lunchtime, but their accountant said he could only do it at around ten to 5 when he did all the payroll etc as everything had to be done "with one click". Another girl who left said she got her stuff at 12.20 that afternoon. We got nothing and when we tried to contact them we were told he had left.

We sent an email saying we were very upset that he'd neglected to send the email as promised and that my partner would visit her formr employers on Monday at 9.00 a.m. to collect it in person. She couldn't make it so I went in her place. When I asked to speak to him, the receptionist called up to him and he said he'd posted it on Friday to our home address. I asked if I could see him. After 15 minutes he appeared and just told me he'dposted it. I asked why he's posted it when he'd promised to email it. He said he'd been too busy. I said he'd had four weeks to sort this so why had he left it too late. He then started to go on and on about he had no legal obligation to tell me anything as I wasn't the former employee. I explained that that was all fine, I wasn't asking for anything sensitive, but he just kept talking over me, refusing to answer anything I asked. I tried to explain the reason for I was asking instead of my partner is that whenever she tried to speak to anyone they treat her like sh*t, which I wouldn't stand for. I apologised to him the second I swore. I tried to ask if the paperwork had been sent 1st class, but he even refused to answer that. Needless to say it didn't turn up.

I'm waiting to see if it comes today, if not my next course of action would have been to contact HMRC. I am utterly fed up with these people and am so glad I managed to keep a lid on it yesterday as he was an utterly frustrating little man. I cannot understand what they hope to achieve from all of this. It is absolutely clear she is being victimised as no-one else that has left, either those without notice, or those that have just left one day and not come back, have been treated similarly. The parents that have come to her new place of work have all expressed their dismay at her being allowed to leave to her former employers, and that seems to be why they're stringing her along.

We could very easily start 'whistleblowing' on review pages and websites but refuse to be dragged down to their (ironically) childish level.

[Harmonica]

Re: Advice regarding notice.

Why is she being victimised? Is there a specific reason or is it simply because she's leaving? They do indeed sound like a shower of cretins.