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.
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?
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.
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?
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