Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. can you tell how long you were employed there and how long was your notice period please
I had been employed in the company 2 years but at that home 1 year I gave one months notice then it should have been extended
Thank you for getting back to me.leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded. I have a meting this afternoon so I will get back to you with my advice on how to proceed this evening regards ben.
Hi sorry I frgot to ask you earlier - does your contract guarantee you work whilst you are employed by them? For example do you have fixed hours/shifts or is your employer free to choose the amount of work that you do? Thanks
I was contracted for 36 hours very often did more
If your employer agreed to extend your notice period, even if this was done verbally, it could certainly amount to a binding agreement, which you can try to enforce. With this extension, in the absence of any other agreement, you would have expected to work your contracted hours for the whole duration, which in your case would have been 36 a week. So in effect you are missing out on 72 hours of work because the employer has decided not to honour their agreement. This would amount to a breach of contract and you can pursue them for the money for the hours you should have worked. The issue is if there was no proof that this is what was agreed and it could end up being your word against theirs. It would then come down to the courts to determine who is likely to have been telling the truth. Obviously legal action should only be seen as a last resort so you should try and resolve this directly with the employer first before you resort to that. You may make your position clear in writing to them, and advise them that you are even considering taking legal action, hopefully that will prompt them to reconsider their position.
Hope this clarifies your position? If you could please let me know that would be great, thank you
Hi I have a copy of the off duty which clearly states I was rotered on for the two weeks in question this was re written whilst I was on annual leave
Hi Ben I send my ex employer an email and have received a response below
I reviewed this situation with Martin & Emma, it would appear that there is a difference of opinion on this matter. Your notice extension was not subsequently agreed and your employment terminated on the initial date you gave. No further payments will be made.
I wish you well in your new role.
DDI: 01753 314175
Mobile: 07788 283743
Porthaven Care Homes Group
1 High Street, Windsor, Berkshire, SL4 1LD
Tel: 01753 314314, Fax: 01753 314333
From: *****@******.*** [mailto:*****@******.***] Sent: 05 October 2014 16:46To: Mary KellyCc: Martin RogersonSubject: re extended notice
Mary I have now taken legal advice and the verbal agreement from Martin to extend my notice by two weeks is binding so in effect as I’m contracted to work 36 hours per week I have missed out on 72 hours work because Martin has decided not to honour this agreement. This would amount to a breach of contract and I entitled to be paid for the two weeks work I have missed out on.
Please reply within the next 7 days as to how you would like to proceed.
I have attached a copy of the off duty with my duties shown clearly for the passed two weeks before it was re written whilst I was on annual leave.
Regards Sue Taylor
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