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taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6464
Experience:  15 years experience of advising on employment law matters
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My daughter works at a nursery pro rata and has done

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my daughter works at a nursery pro rata and has done for 11 years. She works term time only but still gets paid through the summer holiday. She has secured a new job todaywhich she starts in September 2015, and her present employer has told her she MUST hand in her notice tomorrow morning and work her 4 weeks notice. She has told her if she doesnt hand it in tomorrow then she must work her 4 weeks notice in september (as she finishes for her usual 6 week break next week) please help us with how she stands in this situation. She has a small child and is a lone parent If she does what her employer wants then she will have no wages to get for the 6 weeks holiday that she would normally get, and her new job is a months work in hand so she wont get paid from that until the end of Septmber
Hello my name is ***** ***** I am happy to help you today.
What does her contract say about when notices must be handed in over the holiday period?
Customer: replied 2 years ago.

She cannot find her contract and her employer has become hostile and unapproachable due to her leaving so she feels she cannot ask her what it says in the contract or whether her answer would be trustworty

It is a pity she does not have her contract, was it the employer that told her that she had to give 4 weeks notice or does she recall that detail?
Customer: replied 2 years ago.

No she doesnt recall that detail. The employer knew she had an interview today (14th) and sent out an email to all employees yesterday (13th) saying that anybody who was thinking of leaving had to hand their notice in by tomorrow (15th)

Ok she needs to ask her employer for a copy of her contract.
If she is paid pro rata over the summer and she has to give 4 weeks notice in the contract then her employer cannot force her to hand in notice tomorrow or force her to work 4 weeks in September, the exception to this is if the contract makes specific provisions for this which the employer would need to prove.
Your daughter should therefore say unless the employer can prove otherwise she will give her 4 weeks notice 4 weeks prior to the start of her new job and she will claim unlawful deduction from wages if the employer fails to pay her the wages she is due over the summer.
I think that the employer is probably just being unreasonable, your daughter should not hand her notice in tomorrow.
If the dispute continues your daughter should engage ACAS Early Claim conciliation which hopefully should help resolve matters.
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Customer: replied 2 years ago.

thank you

no problem please remember to rate my answer OK or above before you leave the site as I am not otherwise credited for my time.
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