Unfair dismissal?!?

[balistic98]

I just wanted to ask a bit of advice to both nannies and parents about what they think about my situation.

I have been working in my current nanny job for a year and recently resigned. I haven't been happy for a long time but kept putting off resigning, hoping things would change. Nothing changed and things actually seemed to be getting worse.
Anyway, my contract says I needed to give a 4 week notice period (1 calendar month). So this what I did. I did it from the 16th to the 16th so in total it worked out to be 4 weeks and 3 days (23 days). I worked the 3 initial days and then 2 weeks after that. However on the Friday of the 2nd week I suffered from a terrible migraine and didn't go into work. I did of course let my employers know that I wasn't feeling well and that I wasn't going to be coming in. Later that day I then got an email from them saying that my contract (that lasts a year) was not going to be renewed and that I only need to give one week notice. It then went on to say that I had worked that notice of a week and it had ended the last day I was at work (the day before I was ill - Thursday).
I still have 2 weeks to work but it's as though they don't want me there and the only way to get out of paying me those 2 weeks, which are owed to me, is to come up with this 1 week notice! There is nothing in my contract that states anything about 1 week and plus, I've already worked 2 1/2 weeks of my notice and not a thing was mentioned to me at all about 1 weeks notice or anything to do with my resignation either.
Am I being unreasonable or do I have a case?

Your best bet would be to sue for monies owing through the small claims court. You cannot go to an employment tribunal for unfair dismissal because you have not been with your employer for two years. Bare in mind you can sue for the monies owing and interest.

Thank you @ReallyTired
I thought I would end up in Small Claims Court. I just hope it's a strong enough case so I don't end up losing more than it's worth.

If it was a fixed term contract that lasted a year and you've just finished your year, your employer is correct and they only have to give one week's notice that the contract is not going to be renewed.

If you've been employed less that the contract's length, i.e. less than one year, she needs to give you notice as per the contract, in this case 4 weeks.

I'll try and find a link for you.

Found one -

www.gov.uk/fixed-term-contracts/renewing-or-ending-a-fixedterm-contract

Thank you @Karoleann.
I do understand that this would be the case on a fixed-term contract. However, I resigned on the date of the end of contract. Nothing got said to me about the contract not being renewed nor did anything get said about me resigning. Only 2.5 weeks later did I get an email saying that the contract was not going to be renewed and that my last date was the day before he email. No notice period at all. Even though the email slecifies that they are giving me one week notice, it also said I have already worked it! I knew nothing until about any notice until my "week" was done. Even though I had already worked 2.5 weeks into my resignation. Surely they can't then just jump on the bandwagon and end he contract if I've already handed in my notice?!?

Thank you @Karoleann.
I do understand that this would be the case on a fixed-term contract. However, I resigned on the date of the end of contract. Nothing got said to me about the contract not being renewed nor did anything get said about me resigning. Only 2.5 weeks later did I get an email saying that the contract was not going to be renewed and that my last date was the day before he email. No notice period at all. Even though the email slecifies that they are giving me one week notice, it also said I have already worked it! I knew nothing until about any notice until my "week" was done. Even though I had already worked 2.5 weeks into my resignation. Surely they can't then just jump on the bandwagon and end he contract if I've already handed in my notice?!?

Unfair dismissal claim unlikely as you have not been employed long enough - 2 year qualifying period for unfair dismissal cases not related to pregnancy or disability.

4 weeks and 1 calendar month are different time periods. So if a contract said that, then you would give the longer period of notice to be safe which is 1 calendar month.

However on the Friday of the 2nd week I suffered from a terrible migraine and didn't go into work.

That would be a sick day, unpaid unless contract says otherwise or your employer is nice. Many parents are lovely and do pay for the occasional day of illness even if contractually they do not have to do so.

Later that day I then got an email from them saying that my contract (that lasts a year) was not going to be renewed and that I only need to give one week notice.

That seems a bit odd. Statutory Notice is indeed one week but if the contract says a longer notice period then the period in the contract would apply.

If they want you to leave earlier, then they can give you gardening leave where you get to stay at home and still be paid.

You need to refer to exactly what is written in the contract. Then you need to set out you case clearly to them showing the timeline of events and your expectation of being paid.
If they want you to leave with immediate affect then they can give notice under the terms of the contract (though that notice period is likely to be the same as the one you gave them) or accept your resignation and pay you for that period even if they do not wish you to physically go to work.

If they fail to do that, then you could take it to a small claims court but the court would expect you to make effort in resolving it between yourselves.

Set out the timeline, set out your expectation to be paid and the date when you expect payment to be made. Request that a final payslip is produced which includes any outstanding holiday not taken (this may be a very low amount if you are now just in your second year) and request that a P45 is provided as soon as possible following production of that payslip. Provide them with details for ACAS so they can seek advice. They can also contact their payroll provider for details of the procedure involved for when an employee resigns.

I suggest you go to the citizen's advice bureau to ask about sueing through the small claims court. For such a small amount it's usually a form filling exercise. There are no scary men in wigs. The small claims court does not award legal costs. You need to ask the citizen's advice bureau about how you write a letter requesting monies owed.

The other organisation to contact is ACAS. They may well be able to act as mediator and make sure your ex employer does not give a malicious reference.

It sounds like they owe you for a week's notice then, so I would certainly email your employer and state your case. If they're not willing to pay then I would state your intention to take legal action, which should get them to pay you.

If they won't it may not be worth your while to take them to court as she could claim that you'd already verbally agreed that the week's notice had taken place.

Not great for you OP, sorry you've not had a great employer this time.