2 weeks notice?

[Mum2threejs]

Hi, don’t know where I stand on this one…
Ive worked for my employer for over 5 years. We have no written contract and never have done. Now that I’m leaving they’ve charged my last pay with “less holidays overtaken” I’ve only used 1 days holiday so far this year. They’ve said it’s to cover my 2 weeks notice period. I chose not to work my 2 weeks notice as I’ve always been told that if we were to have contracts they would be 0 hrs types. They minused over £100 for holidays over taken. I don’t know if this is correct or if there’s anything I can do about it. Any advise??

Hi,

Were you paid for your notice period?
When does your holiday year start and finish?
How much holiday do you get per annum?

Surely if you don't have a contract, there's no legal notice period so you could walk out anytime with no financial penalty?!

And if you've only taken 1 day's holiday so far this year, it's more than likely that they owe you holiday (assuming the year starts Jan or Apr 1st).

Call ACAS for advice? They're very good.

Call ACAS

It’s a legal responsibility to have a contract so that’s the starting point. It’s been 5 years so an employee/employer relationship is clear. Get to ACAS immediately. I’d be tempted to let them know you are seeking legal help also. But I’m not sure of the wisdom of that.
Were you paid by electronic transfer or cash?

If your contract, and you definitely do have one, even if it isn’t written down, is silent on notice period then statutory notice period applies and it applies both ways. Are you sure you didn’t get anything in writing when you started work by the way? You should have got a statement of written particulars, it does not have to be called a “contract of employment” and you don’t need to have signed it.

So if you are not working your notice period, then of course they can require you to use your holiday allowance to cover the lack of notice and if that takes you over your accrued allowance then yes, they are entitled to deduct it.

Hi, I will get in touch with acas thank you all. And no, no paperwork what what so ever from the company, just told they consider everyone to be on a zero hr contract.

So have they been contacting you every week and offering hours? Or have you been working a set pattern for the last five years?

Well, did they pay your notice if they say you took holiday for those 2 weeks? It doesn’t really matter whether they paid out holiday accrued but not taken, or paid holiday, but you should have got one.

https://www.citizensadvice.org.uk/work/resigning/your-notice-period-when-resigning/

If you haven't discussed a notice period and you don't have anything in writing, you should give at least 1 week's notice. If your employer insists you've agreed to longer, ask them what records they have - for example notes from a meeting where you agreed.

The way it works is they send shifts usually on Friday or Saturday for the following week Monday -Sunday but you can decline them. It’s by no means a set rota.