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Notice period for part time hourly paid teacher

3 replies

RoseWei · 08/02/2013 21:43

From the CAB website: "The law gives all employees the right to a minimum amount of notice, except those listed under the heading Who has no legal right to minimum notice. (misconduct etc) This period of notice is:-

one week for employees who have worked for their employer for one month but less than two years; or two weeks if the employee has worked for their employer for two whole years; and one extra week for each further whole year's employment at the date the notice period expires, up to a maximum of twelve weeks' notice in total."

DH has worked for an adult education service for the past 6 and a bit years. Term time, teaching one or two classes a week. Classes have been closed if numbers are low and he's usually had next to no notice - an administrator closes the class, he is told and payment ceases.

Now, again, he's had an email saying that from the start of next week a class will close (the only one he's got with this particular employer) cos of low numbers. He wrote back saying he'd like helping building the numbers up - but I know they'll be implacable.

Contract, issued each year, unspecific about notice period - just says work given if classes run. Then it lists classes which are expected to run with that teacher, for that year.

From my reading of the above, I'd guess that DH is possibly entitled to more than one working day's notice. Any thoughts gratefully received. Others jobs, between us, rather insecure and this was, at least, some steady, if modest, income during the three terms of the year.

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flowery · 09/02/2013 07:47

Are they terminating his employment or just notifying him that this class isn't running? Is it a casual worker contract and does it say in there how much notice will be given of work available/not available?

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RoseWei · 11/02/2013 17:43

Hi flowery
Contract says nothing about notice under any circs. Email was on Friday so one working day's notice that class not running cos of small numbers.
So, employment probably not terminated but clear inference is that there will be no pay (hourly paid) as of last week when there was a class.
Seems unreasonable to me that the service can act like this -

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flowery · 11/02/2013 21:00

Without reading the contract its difficult to say, but if its a casual contract where he is paid for work done with no regular or guaranteed hours and there's nothing in it about notice of work available or cancelled then I'm not sure there's anything he can do tbh. Those statutory notice requirements apply to terminating employment, and many people work on contracts with work not guaranteed and with very little in the way of notice of changes. Annoying, but not illegal.

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