Told to not come back!!

robnye

good luck

(wanted to subscribe to thread, but cant do that without replying)

bryanb

robnye wrote: »

good luck

(wanted to subscribe to thread, but cant do that without replying)

Nothing to do with the, thread, but go to thread tools at the top of page and click subscribe to thread in the dropdown menu.

Good luck to OP from me too.

taliesin

Good to see that Burny and JM have picked up this thread. They have personal experience of taking matters to ETs and have offered much helpful guidance to others on this board. I'm sure they will see you right.

There is still a chance that this won't go to an ET and even if it does, that it won't go all the way through that system. The employer has badly wrong-footed himself and I still think that as soon as he seeks advice from someone with knowledge of employment law, he will be looking to settle quickly. I can see that you want it settled too, and that all this apparently ineffective correspondence seems to be getting nowhere fast, but the fact that your sister has bust a gut to settle with the employer directly will stand her in good stead if it gets that far.Stick with it.

I wish you good luck although you shouldn't need it - you have right on your side. Go get 'em!

taliesin

Another thought. "Board of governors" may be a red herring.

There are many types of organisation that describe themselves as (children's) nurseries. The few that are operated under local authority auspices will almost certainly have a board of governors, but I would expect one of those to be well managed and advised. This case doesn't sound like one of those.

Most nurseries these days are small private businesses, sometimes single-proprietor operations, more often small limited companies. Unfortunately, this business sector has low barriers to entry so attracts unscrupulous types who think nothing of flouting the law if they think they can get away with it. What we have heard so far suggests that this employer is one of those.

There's a third business model in the sector, and that is voluntary organisations (typically religious, nationality, or language oriented) who set up nurseries to serve the needs of a specific community. This sort can be almost as bad, as they think the relevant laws about standards of premises, staff training and qualifications or care for the children simply don't apply to them, but they tend to be run in a consensual fashion, and this doesn't sound like the case here. (For completeness, in these cases, the legally responsible entity is either the voluntary organisation sponsoring the nursery, or some entity that they have set up for that purpose and ultimately own).

Bottom line is, hafe4k, if as I suspect the nursery is operated as a commercial business, and you can identify who the owner(s) or directors of the nursery are, it is him/her/them to whom you should now be directing your correspondence.

hafe4k

Thanks for all the advice ppl, all previous correspondences were also enclosed and was hand delivered by myself on behalf of my sister. The manager wrote a receipt confirming I have given the letter to her (so they cant say we didn’t receive anything) and she said she will pass it to the main person in charge, .

Will advice further when response given.

Thanks once again all of u ....

P.S. Have spoken to a specialist employment law solicitor, she after hearing what I said, has stated it is a good case. But wanted to double check on the no contract aspect of it. After researching and ringing me back she said this shouldn’t be a problem. But has advice that there is no point in taking on a solicitor as costs will not be realistic and the amount received will not add up to amount to be given for solicitors costs.

jobbingmusician

Don't worry about not having a solicitor - lots of people (including me) have taken their case to a tribnunal without a solicitor and won. Tribunals are used to dealing with applicants direct! You and your sister have the collected wisdom of MSE behind you.....

taliesin

hafe4k wrote: »

But wanted to double check on the no contract aspect of it.

The lack of a written contract in some senses makes things easier for you (and for us). Whilst a written contract can modify some of the standard elements of employment law, if there is none, all of the statutory rules and procedures automatically apply.

Employment rights are fully protected after working for the same employer for one year (not two, as someone said previously in this thread - the minimum time was shortened several years ago) so your sister is clearly covered.

hafe4k

Thanks ....

WoW ... u do have alot of experience with employment cases ... lol

welshmoneylover

brilliant thread... I really hope she wins her case and I'd love to be a fly on the wall when the manager realises when a c0ck up he's made!

hafe4k

Sister has said thanks 2 everyone for all ur support & encouragement.

Right so ... 5 working days are up and no response to the letter. She did get a text from her manager on Friday saying her cheque for March is available and will be sent to her, which she duly received on Saturday. However with no covering letter of any kind.

What’s the best option now? ET?