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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9679
Experience:  I have been practising for 30 years.
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Just wanted to enquire abt something in regards to

Resolved Question:

Just wanted to enquire abt something in regards ***** *****
Last month on June my son was with a childminder just for 4 days in that particular month but since I've sign a contract with her for 10working days in a month I hv to pay her for the full amount eventho I had a miscarriage for a 5months old girl last month too, I couldn't cope of going bk to work so just as soon as I got bk from the hospital I call her abt my son that I wouldn't be needing her this month July so she told me to give her 4weeks notice with full payment coming to her today eventho whole of this month I was jst lookin after my son...little did she care what I've went thru but since I resume work this week she even gave her warning letter to her boyfren at the workpl to give to me which she stated that I shud payup the 4weeks payment today or else she will take me to Court anyway I just started work where will I get the money from
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
Only I cud pay her weekly right now is £20 weekly
Expert:  F E Smith replied 1 year ago.

Under the Employment Rights Act 1996, which applies to England Wales and Scotland but not Northern Ireland, section 86 (1) (a) , if there is no notice period specified in any contract, then the employee is entitled to 1 weeks notice, not 4 weeks notice.

http://www.legislation.gov.uk/ukpga/1996/18/section/86

if you sign the contract for 10 days in the month, the maximum you would have to pay her for therefore is 7 days.

She is also entitled to a accrued holiday pay in respect of the 2 months she has worked for you.

I’m sorry, but the fact that you may not have the money to pay her is not relevant.

Can I clarify anything for you?

Customer: replied 1 year ago.
The contract that I signed with her she's given me 4weeks notice
Expert:  F E Smith replied 1 year ago.

Do you have to give her 4 weeks notice?

If she is only contracted for 10 days in a four-week period and you have to give her 4 weeks notice, then she is only entitled to 10 days pay, not 4 weeks pay.

Customer: replied 1 year ago.
I even call the citizens advice bureau abt this case but was advice to negotiate with he abt the payments...how can I negotiate with a childminder who care less about wat I'm going thru but all she wanted is her full payment today coz I jst received this text again from her about the payments she's going ahead with her legal advisor
Customer: replied 1 year ago.
How will I go ahead with this issue wen she's going to go ahead with this legal proceedings thing..
Expert:  F E Smith replied 1 year ago.

Unfortunately, whilst what you’re going through is tragic, it doesn’t make any difference to your liability to pay what she’s entitled to.

The way of preventing her going ahead with legal proceedings is to pay her entitlement or, pay her at least what you can and continue to pay until the amount is paid. It could easily be 10 months before this gets to court by which time you would have paid.

If she is entitled to, for example, £100, pay her £20 a week over the next five weeks and the whole matter will be done. Ignore whatever she says about it not being acceptable and just continue to pay.

Can I clarify anything else for you?

Please rate the service positive. It’s an important part of the process by which experts get paid.

We can still exchange emails.

Best wishes.

FES.

F E Smith and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks very much for your information really helps alot