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Hi,
My wife has sucessfully applied for a new job that starts on 11 April.
She was told about the job on 18 March and gave notice to her current employer on 21 March, giving them 2 weeks notice for her to finish on 3rd April. This was done as she calculated she had enough leave left to cover the shifts she would have worked up until the 8th April (she did not book this time off), and it would allow her a week off before starting her new full time job. She worked 24hrs per week over 4 days.
Her contract of employment at her old job provides for statutory notice periods. Therefore she gave more than required.
She handed in the notice and was told by the manager that he 'had been expecting it since November. This was when the new employer checked my wifes references. The reference from the old employer was the area manager not her manager as he had only recently been appointed and my wife didn't think he would be able to provide a good enough reference.
Just as she was leaving at the end of her shift on 21 March, she was called into the office by the manager. He said he had spoken with the area manager and that as she only had a few shifts left she may as well leave now and not come back to complete her notice.
Being quite shocked and hurt at the comment (she has always given 100% to the roll she had despite being dumped on time after time) she agreed to accept the earlier leaving date.
She has been told that there will be no pay due to her after 21 March (Except any holiday pay due). I however believe that she should be paid at least the 2 weeks notice she gave them.
She has worked there continuously since January 2010.
Under the Statutory rules I believe she is entitled to 6 weeks notice pay. However she only had to give a minimum of 1 weeks notice.
She gave them 2 weeks in order to give them time to recruit a replacement supervisor.
There is also the issue of Easter to take into account.
She's been told that even if they had topay her the 2 weeks notice she would not get the full 48 hours as Easter is in the way, and the shop will be closed on Sunday and Monday when she would normally be due to do 2 of her shifts.
Again I am of the opinion that this means nothing. They have released her effectively on Gardening Leave and therefore she is entitled to the full 48 hours at least.
Also to complicate things 3 weeks ago she had her hours cut from 28hrs to 24hrs. Is the pay for any notice period based on actual working hours or the average over the past 12 weeks?
Any advice would be most appreciated
My wife has sucessfully applied for a new job that starts on 11 April.
She was told about the job on 18 March and gave notice to her current employer on 21 March, giving them 2 weeks notice for her to finish on 3rd April. This was done as she calculated she had enough leave left to cover the shifts she would have worked up until the 8th April (she did not book this time off), and it would allow her a week off before starting her new full time job. She worked 24hrs per week over 4 days.
Her contract of employment at her old job provides for statutory notice periods. Therefore she gave more than required.
She handed in the notice and was told by the manager that he 'had been expecting it since November. This was when the new employer checked my wifes references. The reference from the old employer was the area manager not her manager as he had only recently been appointed and my wife didn't think he would be able to provide a good enough reference.
Just as she was leaving at the end of her shift on 21 March, she was called into the office by the manager. He said he had spoken with the area manager and that as she only had a few shifts left she may as well leave now and not come back to complete her notice.
Being quite shocked and hurt at the comment (she has always given 100% to the roll she had despite being dumped on time after time) she agreed to accept the earlier leaving date.
She has been told that there will be no pay due to her after 21 March (Except any holiday pay due). I however believe that she should be paid at least the 2 weeks notice she gave them.
She has worked there continuously since January 2010.
Under the Statutory rules I believe she is entitled to 6 weeks notice pay. However she only had to give a minimum of 1 weeks notice.
She gave them 2 weeks in order to give them time to recruit a replacement supervisor.
There is also the issue of Easter to take into account.
She's been told that even if they had topay her the 2 weeks notice she would not get the full 48 hours as Easter is in the way, and the shop will be closed on Sunday and Monday when she would normally be due to do 2 of her shifts.
Again I am of the opinion that this means nothing. They have released her effectively on Gardening Leave and therefore she is entitled to the full 48 hours at least.
Also to complicate things 3 weeks ago she had her hours cut from 28hrs to 24hrs. Is the pay for any notice period based on actual working hours or the average over the past 12 weeks?
Any advice would be most appreciated
