Told to not come back!!

hafe4k · 25 March 2009 at 11:08PM

Hi Everyone,
My sister has been working as a nursery teacher for over 2 years now at a local daytime nursery. When she started she didn’t sign any contract or anything and gets paid minimum wage.

However as she is getting married in august, she had told the manager that after the year end (second week of July) she will not be coming back. He said not a problem. However today she has been told they have found someone else and so don’t come back after next week!

So I was telling her I’m sure they can’t just do that. Can anyone please advice of what legal rights she has? Can she sue them for not giving her a contract? Can she ask for pay until the year end? Smalls claims court an option? (On what legal basis)

All help much appreciated. Anymore information let me know I will be happy to give.

Thanks in advance.

Kind Regards

msflowerfairy · 26 March 2009 at 10:04AM

If she has been working there for over 2 years, then yes she does have rights whether she had a contract in writing or not.
I believe that a verbal contract must be in place for your Sister to turn up each day, and to get paid a wage which she can use to prove that she has been working for the Nursery.
I would suggest ringing ACAS for further information, their lines are really busy at the moment so you may have to try a few times.

hafe4k · 26 March 2009 at 11:37AM

Thanks alot .... Will ring and give u response.

LinasPilibaitisisbatman · 26 March 2009 at 11:43AM

A company can terminate a contract or make someone redundant normally with 1weeks- 1 months notice.

The most she will get is a months notice pay.

-BA- · 26 March 2009 at 11:54AM

LinasPilibaitisisbatman wrote: »

A company can terminate a contract or make someone redundant normally with 1weeks- 1 months notice.

The most she will get is a months notice pay.

She has been not been made redundant. They stated they have found someone else ergo the job is not redundant. Also a company cannot just terminate a contract without going through the appropriate motions. Ringing someone to say, "Don't come back next week, we have got someone else to do your job" is absolutely not the correct procedure.

nottslass_2 · 26 March 2009 at 12:04PM

LinasPilibaitisisbatman wrote: »

A company can terminate a contract or make someone redundant normally with 1weeks- 1 months notice.

The most she will get is a months notice pay.

She is not being made redundant,as they are replacing her,if they are sacking her,they need to follow disciplinary procedure or if they are simply accepting her resignation but don't require her to work her notice she is entitled to be payed until the end of July.

Again,please ring Acas,as employment law can be quite complex - but thankfully in this case your sister appears to be in the right and her employer needs to realise it is illegal to treat employees like this.

nottslass_2 · 26 March 2009 at 12:06PM

LinasPilibaitisisbatman wrote: »

A company can terminate a contract or make someone redundant normally with 1weeks- 1 months notice.

The most she will get is a months notice pay.

Not without reason !!!!!!!!!

pinkshoes · 26 March 2009 at 12:54PM

LinasPilibaitisisbatman wrote: »

A company can terminate a contract or make someone redundant normally with 1weeks- 1 months notice.

The most she will get is a months notice pay.

Yet again, more incorrect advice from LinasPilibaitisisbatman.

As others have said, it's quite obviously not a redundancy if they're replacing her.

They would have to follow the correct procedure for sacking someone, and her getting married in August is not a reason to sack her, so they could end up in a LOT of hot water!!

Unless your sister puts a foot wrong, then they need to employ her until the date she's handed her notice in.

She needs to tell them this, and say she will happliy leave next week, but they need to pay her up until the date she handed in her notice, and anything other than that she will take legal action against them.

hafe4k · 26 March 2009 at 1:35PM

Thanks ppl .... been on the phone for 35 minutes! Theyve still not answered... Shall i keep waiting on the line?

Horace · 26 March 2009 at 1:38PM

Keep waiting if you can as they are incredibly busy right now. Alternatively you could look at their website https://www.acas.org.uk as they may well have advice there.

hafe4k · 26 March 2009 at 2:13PM

Right, so just got off the phone (BTW got a number free from mobile minutes 01256 730960)

So the advisor stated as 'pinkshoes', 'nottslass', BA and 'msflowerfairy' {thanks a lot to you guys/gals} ....

If they dismissing her then it’s got to be on valid grounds, like redundancy or misconduct, but as it is not one of those he said it is unfair dismissal. And can put a claim to the employment tribunal.

But he first stated that hand in a letter stating that she was just being reasonable, trying to give advance warning and had no intention of leaving this soon. And if they are telling her to go now then it will be stated as an unfair dismissal, as no due process & no valid reason.

Hope it makes sense.

So is there any help with a letter she could write?

Once again guys/gals thanks for all your much appreciated help. You gr8!

Told to not come back!!

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