someone help

glossgal

Horace wrote: »

You haven't been there long enough to claim constructive dismissal. Anyway as things stand you are likely to be laughed out of the Employment Tribunal because you haven't followed procedures - a) you failed to raise a grievance b) you walked out.

..but ET claims for unpaid wages (including holiday) are fact based, it doesn't matter why you left or if you left without notice etc they will look at the law only. Even if you punched your employer in the chops on your way out you could still potentially win an ET! You would have to show that you've given them a chance to pay up though

pinkshoes

Well, the government web page says:

Breach of contract by an employee

If you breach your contract, your employer should try to settle the matter with you informally, but they can sue you for damages in the same way you can sue them.
Damages are only awarded for financial loss (for example, if you don't give enough notice, damages might be for the extra cost of hiring temporary staff to do your work, or for lost revenue. You would still have the right to wages you earned before you left, plus pay for untaken statutory holiday).
The most common breaches of contract by an employee are when you quit without giving (or working) proper notice, or when you go to work for a competitor when your contract doesn't allow it.

So although the OP can claim her pay, & they would be entitled to sue for losses. An agency childminder to cover the notice period would be much more per hour than the OPs wage, along with adverts, and any money lost if they had to turn business down. This amount they could sue for would probably be more than what the OP is owed, so she could easily end up owing them money!

glossgal

pinkshoes wrote: »

Well, the government web page says:

So although the OP can claim her pay, & they would be entitled to sue for losses. An agency childminder to cover the notice period would be much more per hour than the OPs wage, along with adverts, and any money lost if they had to turn business down. This amount they could sue for would probably be more than what the OP is owed, so she could easily end up owing them money!

I don't necessarily disgree, but from what OP said there are 9 staff at the nursery-haven't a clue if this is within guidelines or anything (?) but seems ok to me so I wouldn't expect employer needed to re-hire that quickly ie within a week, certainly unlikely to have a suitable replacement ready in less than 48 hours anyway so that leaves about 3 days cover needed in worst case scenario.Not trying to be pendantic-if OP had to give a months notice then maybe different but in a well staffed business an employer would really struggle to sue for breach of contract on a weeks notice period IMHO (some inconvenience is implied when a worker leaves any job and wouldn't be compensated for)

lukieboy96

If there are 9 staff with 18 children they would have enough staff!

Ratio

1-3 under 2
1-4 aged 2
1-8 3-8 years

Well within ratio.

debtdummy

thank you all for ur help. the nursery was well staffed and i didnt leave them in need to hire anyone. the deputy can do some work for once instead of sitting in her mums living room on facebook. they have advertised for staff at job centre and i know they havent hired anyone else or are they struggleing as i have friends there who have told me this.
i was only given my contract at start of december , i understand i should have approached the manager about holiday entitlement but i hadnt managed it. it was not a little ear bending it was full on humiliation infront of all staff on shift and children, and other times was just demotivating comments. i am going to wait till friday for my pay to go into back and then contactt her by letter if the holiday isnt included. i am following the grievence letter i got from citizens advice and see what happens. i havent signed on as i already have a new job to go to. who understand my situation with past employer. thanks for all ur help