Weirdest thing happened with work, need some advice.

baybeebug

by any chance is it a zero hour contract??

Sambucus_Nigra

darlyd wrote: »

unfortunately yes, BUT if I had not of signed that letter yesterday I could of finished this coming Sunday 21st! As new contract starts 22nd August.

I am stuck now. Aren't I?

No. your current contract is the one you are currently working on. Hence, no month's notice. If you start on the new contract, then the new rules apply.

t0rt0ise

Sambucus_Nigra wrote: »

No. your current contract is the one you are currently working on. Hence, no month's notice. If you start on the new contract, then the new rules apply.

But she's signed the new contract already.

Sambucus_Nigra

t0rt0ise wrote: »

But she's signed the new contract already.

But it doesn't come into play until the 22nd, so if she hands her notice in now then the old rules still apply.

t0rt0ise

Sambucus_Nigra wrote: »

But it doesn't come into play until the 22nd, so if she hands her notice in now then the old rules still apply.

If you know that for a fact then fair enough. I don't know and am only using common sense which tells me that the signing of the new contract is like starting a completely new job and she can be held to it.

KiKi

t0rt0ise wrote: »

If you know that for a fact then fair enough. I don't know and am only using common sense which tells me that the signing of the new contract is like starting a completely new job and she can be held to it.

I think SN might be right here.

When you sign a contract for a completely new job, if you pull out of it before starting, then technically you should give notice, which is 0 days, because you haven't begun your role.

Therefore, technically, there is 0 days notice on the new contract if she resigns now.

However, she is on a current contract, and so those terms will apply.

Perhaps one of the resident lawyers could confirm, but both of those statements I've written apply - so I don't see why they don't apply when they're put together. Perhaps this gives the OP some hope!

KiKi

Darlyd

I think your correct, New contract does not start till Monday 22nd August, nothing from my old contract has changed except the pay structure.

Funny thing is, I do not have to give 4 weeks notice like the newer woman who is leaving did, because I joined the company before the new one bought it, So I have the very old contract which states 1 week notice for every year, I been here 2 years so I only have to give 2 weeks notice. Which I have done. Posting letter through in the morning before office opens.

But what has miffed me is I have 13 days left for holiday (yr starts November) But manager told me because I am leaving early I can only take 9 days off, I had to speak to co ordinator about taking them 9 days off within my notice period, so I only had to work 5 days. (I am confused, I work 4 day week, and alternative 6 days a week, how many days will be working If 1st September is my last day to work?). They have told me I can't as they will struggle, because most of the Indian carer's are on holiday due to their xmas. What am I to do? I was hoping to not be working on the 1st September due to DD2 first day at school, and I start at 3.30-9.

KiKi

darlyd wrote: »

But what has miffed me is I have 13 days left for holiday (yr starts November) But manager told me because I am leaving early I can only take 9 days off, I had to speak to co ordinator about taking them 9 days off within my notice period, so I only had to work 5 days. (I am confused, I work 4 day week, and alternative 6 days a week, how many days will be working If 1st September is my last day to work?). They have told me I can't as they will struggle, because most of the Indian carer's are on holiday due to their xmas. What am I to do? I was hoping to not be working on the 1st September due to DD2 first day at school, and I start at 3.30-9.

Hi darlyd

Your employer has control of your holiday, I'm afraid. If they refuse it, then you can't take it, end of. Whatever holidays you don't take, you will be paid for. So if it's 9, and you take 2 within your notice period, you'll be paid the remaining 7 in your final pay packet.

Think of it as a nice injection of cash instead of a chore in the next two weeks!

KiKi

Darlyd

KiKi wrote: »

Hi darlyd

Your employer has control of your holiday, I'm afraid. If they refuse it, then you can't take it, end of. Whatever holidays you don't take, you will be paid for. So if it's 9, and you take 2 within your notice period, you'll be paid the remaining 7 in your final pay packet.

Think of it as a nice injection of cash instead of a chore in the next two weeks!

KiKi

Really? Is there anywhere I can print out if needed?

KiKi

darlyd wrote: »

Really? Is there anywhere I can print out if needed?

Yes, of course you'll be paid for them! You are legally entitled to 28 days PAID holiday a year (that inc BHs) - your contract may let you have more, but from what you've said about your employer, I very much doubt it! Full pay.

If you leave before the holiday year is up, then your leave is calculated pro rata, and you will be paid for any untaken leave. Similarly, if you've taken too much leave, you have to pay it back.

(So if you leave six months into the holiday year then your entitlement to holiday is 50%, or 14 days. If you've only taken 2 days, you get the other 12 paid for. If you've taken 18 days, you have to pay 4 back from your last pay packet.)

Sixth bullet point down, government website. If you need the actual legislation, let me know and I'll hunt it down (unless someone else knows it off the top of their heads!):

http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_10029788

KiKi