Told to not come back!!

pinkshoes

Dear <name of employer>

Just to clarify the situation incase it is otherwise misinterpreted, I would like to give you advance warning of my intentions to leave on <insert date>. By giving you advance notice, hopefully this will give you adequate time to find a suitable candidate to replace me. I will hand in my official notice nearer the date.

I have no intention to leave before this date, so I will be working up to my leaving date of <insert date again>, and expect to be paid as normal during this period. If you wish me to leave before this date, then that can be arranged, but legally you will have to pay my salary up until my leaving date of <insert date again>.

Yours faithfully,

<name>

hafe4k

Thanks pinkshoes, is there no need for her to state about the unfair dismissal?

Will they be able to hold against her in a tribunal (if it goes that far?) '...then that can be arranged...'

smk77

hafe4k wrote: »

Thanks pinkshoes, is there no need for her to state about the unfair dismissal?

Will they be able to hold against her in a tribunal (if it goes that far?) '...then that can be arranged...'

Stating unfair dismissal is confrontational. If used pinkshoes letter would be the first written communication and therefore should be clear and polite.

pinkshoes

She needs to go for a polite letter first, clarifying that she WILL be staying until her chosen date, and she is giving them LOTS of time to find the right person to replace her...

Hopefully the employer will realise that legally they can't just get her to leave, and pay her until the correct date. If they've already employed this other person, then that's their problem.

nottslass_2

pinkshoes wrote: »

Dear <name of employer>

Just to clarify the situation incase it is otherwise misinterpreted, I would like to give you advance warning of my intentions to leave on <insert date>. By giving you advance notice, hopefully this will give you adequate time to find a suitable candidate to replace me. I will hand in my official notice nearer the date.

I have no intention to leave before this date, so I will be working up to my leaving date of <insert date again>, and expect to be paid as normal during this period. If you wish me to leave before this date, then that can be arranged, but legally you will have to pay my salary up until my leaving date of <insert date again>.

Yours faithfully,



Great letter,but reading the second paragraph,it does sound a bit confrontational (sorry,I'm not trying to offend).

Perhaps stating, I am available and willing to work my notice period,but if this, as discussed on_______ is not convenient could you please confirm so in writing,this along with a calculation of wages/holiday pay owed in lieu of notice would be appreciated.


Oh, and remember to keep copies of EVERYTHING and to write down times and dates of anything that is said.

hafe4k

That’s gr8...

She’s told me that they have already found another person, who will start 6th April. She’s also said that they did say 'if you want to work then you can but without pay.... as they can only afford to pay 5 ppl' (Them saying this, will this change anything?)

pinkshoes

nottslass wrote: »

Great letter,but reading the second paragraph,it does sound a bit confrontational (sorry,I'm not trying to offend).

Perhaps stating, I am available and willing to work my notice period,but if this, as discussed on_______ is not convenient could you please confirm so in writing,this along with a calculation of wages/holiday pay owed in lieu of notice would be appreciated.


Oh, and remember to keep copies of EVERYTHING and to write down times and dates of anything that is said.

lol, yeah, I was trying for firm but polite, given the time scale they're wanting her to leave in... if it was 1 month to go, and they were wanting her to hand her notice in NOW, then your version would be much better, as she'd still have a while to stay around for to argue it out, but they're potentially asking her to not come back next week!! :eek: Hence I opted for something quite direct. Then again, I'm quite a blunt person :rolleyes:

Perhaps the owner is naive and doesn't understand employment laws, so it needs to state that her salary MUST be paid until her official leaving date, but I didn't want it to sound in any way that she's handing her notice in NOW.

pinkshoes

hafe4k wrote: »

That’s gr8...

She’s told me that they have already found another person, who will start 6th April. She’s also said that they did say 'if you want to work then you can but without pay.... as they can only afford to pay 5 ppl' (Them saying this, will this change anything?)

This is irrelevant.

Your sister has not even handed her notice in yet. She's just given them a polite warning that she will be handing her notice in July.

The fact that the nursery has jumped the gun and already employed someone else is irrelevant, as your sister is still an employee, and they have to pay her until the last day of her notice period.

She should NOT let them force her hand her notice in.

She needs to make it very clear that what they're doing is illegal, and if they don't pay her until the end of her notice period, she will take legal action against them. She can start with the polite letter, but given the time scale, needs to act fast.

ohreally

smk77 wrote: »

Stating unfair dismissal is confrontational.

err, hello...the confrontation started by the employer escalating an innocent comment from an employee.

bryanb

Just wanted to clarify, has she been paying tax & NI and receiving payslips?