What constitutes notice?

kelloggs36

Hi - last week I posted re my DD whose employer ended her contract when she turned up for work one day. We wrote requesting her holiday pay and notice. They have agreed to the holiday pay but have said that as she was sent home on the day of her final shift without having to work it and was paid, that this constitutes notice - please could somebody clarify if this is correct?

Thank you

getmore4less

Better to keep the same thread going so people can find any relevent info.

Notice will probably be a week depending how long she was there for.

It starts the day after being given.

Holidays acrue for that week.

Does the contract allow variable hours if it does then it may be OK to give notice and no work for that week.

kelloggs36

She was 3 hours into her 8 hour shift for that week when she was told - surely that can't count as notice pay as she had already worked for almost half of it?

kelloggs36

The contract stated that she would be expected to work an average of 8 hours a week.

getmore4less

What was the average then?

Were there ever any weeks where she worked less than 8 hours?

Notice would not normaly include the day she was working.

Uncertain

As stated above notice begins the DAY AFTER it is issued by law.

It cannot therefore apply to the day it was given.

So they must owe her 8 hours (1 weeks pay). Holiday continues to accrue during this week if you wish to work out the last pennies!

I would send a 7 day letter before action stating than an employment tribunal claim will be filed if it is not paid.

I cannot believe they will argue further.

kelloggs36

She never worked less than 8 hours, her average was 28.75 hours as she only worked there for 12 weeks.

This is the letter I have written:


Thank you for your letter of 19 January 2011, whereby you state that my final shift constituted my notice period. I dispute this, as I had already worked 3 hours of the 8 hour shift for that day (I arrived at 8.30am for my 9am start, and left after 12pm) and "MR BLOGGS" said for me to go home as a gesture of good will for the way that the issue had been handled. As I understand it, notice commences on the day AFTER it is given and therefore runs from 11-17th January. I feel that I am owed 8 hours pay for that week.

In addition, please show me the calculation you have used in order to calculate my holiday pay, as it is incorrect. It should be 12.07% of total hours worked (including the notice week), so I believe this to be short as I worked 345 hours, plus 8 hours notice which totals 353 hours, multiplied by 12.07% equals 42.6 hours.

I look forward for confirmation of this.

Yours sincerely

Googlewhacker

you may stuggle with the holiday time though as the extra hours may be seen as overtime and not subject to holidays.

kelloggs36

they've offered 40 hours, so they aren't arguing this, we are just adding on the notice pay.

kelloggs36

If push comes to shove we won't argue extra holiday, but will push for the notice even if it is is only 3 hours!

Googlewhacker

ah ok, personally in your letter put your workings out and they will probably accept your figures, the extra couple hours will be worth it