Giving notice query

FutureGuy

Hi everyone,
Sorry for the long post!

My gf has been messed around with once too often at work and at the weekend, she decided that enough is enough. When she took the job, she was verbally guaranteed a 35+ hours per week. Since then (October 2006), she has been given less and less hours, until this week she was given a total of 4 hours on Monday (today), and told they might need her later on in the week, so basically they want her to be on call in case someone doesn't show. Basically, staff are doing something illegal in one of the stores and when she refused to do the same, everyone turned on her, including the supervisor, and it has gone downhill since.

Anyways, back to the matter in hand, the main manager was incredibly rude to her on Saturday when she tried to voice her concerns regarding the shortfall in her hours. Sometimes you need a bad wind to blow you in the right direction, and 50 minutes later, she had rang one of the top restaurants in the city, had gone for an interview and got a really good job, starting when she likes.

So she needs to give 1-weeks notice at her current employer...my question is, because she only got 4 hours for the entire week guaranteed (12-4 today), when she gives the notice today, does that mean that today is the last day she needs to work for them? She is owed 4.5 days holidays and doesn't want to lose them. They have been brought to court before for not paying holidays owed, so the wouldn't fare well in court!

I need an answer pretty quickly (before noon) so any and all help is appreciated!

Again, sorry for the long post!

seamus

Depends on her contract. If her contract states that the minimum working week is 35 hours, then one weeks' notice is 35 hours. Simple as.

If her contract doesn't specifically state what a "working week" entails, and she was only verbally guaranteed that 35 hours, then it would be reasonable to say that the 4 hours she is working today constitutes her "working week", and that's all she has to work.

No company can withhold holiday pay that is due, under any circumstances, so that should be the least of your concerns really.

gerrycollins

seamus wrote:

Depends on her contract. If her contract states that the minimum working week is 35 hours, then one weeks' notice is 35 hours. Simple as.

If her contract doesn't specifically state what a "working week" entails, and she was only verbally guaranteed that 35 hours, then it would be reasonable to say that the 4 hours she is working today constitutes her "working week", and that's all she has to work.

No company can withhold holiday pay that is due, under any circumstances, so that should be the least of your concerns really.

but have they not broken the contract making it void by not giving her the min 35 hours so if its void no contract exists she can simply walk away when she feels like it and just tell them

i know some contracts include a reduced hours scheme if business slows down but thats taking the mick dont u agree.

also like u said if 4 hours is her week then notice can be given at the start of the shift thus giving one weeks notice

seamus

gerrycollins wrote:

but have they not broken the contract making it void by not giving her the min 35 hours so if its void no contract exists she can simply walk away when she feels like it and just tell them

Only if her contract states that the normal working week is 35 hours. Even at that, she would need to show that she was consistently getting < 35 hours (i.e. work out the average weekly hours over say, the last two months).

mdebets

If the 35 hours per week are stated in her contract, she might also have a case under the Minimum Wage Act, as the pay for 4 hours divided by 35 hours surely doesn't reach the minimum wage.