Holiday pay on 15 hr week.

patman99

My partner has, since the beginning of August, worked for 15 hours a week.
She has been told she no longer has a job, but can work till Christmas. The reason for her dismissal being that her ironing was not up to scratch and her boss was having to redo a lot of it (her boss is obviously lying, if it was that bad, she would been out the door after a week)
She has not had any holiday in this time.

My question is -
Is she entitled to any holiday pay ?, and should she be getting a proper writen notice giving her her notice ?.

paddedjohn

in short, yes. when did she start and when is her end date?
she accrues holiday 12.07% of hours worked so for every 15 hr week she is entitled to 109 minutes holiday so from the first week in August till the friday before xmas she is due 21 weeks x 109 mins = 38 hours and 15 mins leave/pay

Uncertain

patman99 wrote: »

and should she be getting a proper writen notice giving her her notice ?.

Yes. It is a legal requirement. In the absence of a contractual agreement it is one week.

The firm are leaving themselves wide open if they don't issue it as, come Christmas, your wife could claim that she has not been given notice. They would then either have to employer her for a further week or give payment in lieu.

patman99

Thanks.
Have told her to keep her mouth shut until she has finished her final shift. I intend to make damn sure she gets everything she is entitled to. Hence the intial question.

Jarndyce

Uncertain wrote: »

Yes. It is a legal requirement.

No it isn't. There is no legal requirement to give notice in writing. It may be a contractual requirement, but it is not a legal one.

Uncertain

Jarndyce wrote: »

No it isn't. There is no legal requirement to give notice in writing. It may be a contractual requirement, but it is not a legal one.

Yes, quite so.

I was thinking of the legal right to a written statement of the reason for a dismissal but this needs one year's service - which doesn't apply here.

However, they may struggle to prove they issued notice.......

patman99

Many thanks. I think we will go for the holiday money, but leave the notice period alone, especcially as she was told 'you can either finish today, or work until Christmas'.

Just got to hope my job goes from temp to perm soon.