Contract says P45 after not working for 6 months but can this apply while I'm off on ML?

[ThePinkOne]

I am a sessional worker, so I work as and when required and claim an hourly rate. My contract says that if I don't work/claim for 6 months then I'm considered no longer employed (I haven't got a copy of my contract handy but this is apparently what it say!)

So I worked up until about 4 weeks before DS was born, then when he was 8 months I got a P45. Just on it's own, no letter thanking me for 5 years of service or anything but that's irrelevant I guess!

I didn't do enough hours to claim SMP but have had maternity allowance for 39wks. Before I left the area manager said that he didn't know what would happen about me being off but 'I'm sure it'll be ok'. I've since heard on the grapevine that he and my immediate boss have left (under a cloud).

So anyway, I phoned the admin office and said that I'd had the p45 and was told that 'yes, apparently this happened to someone else recently. It's just cause of your contract. When you want to start work again you'll just have to reapply'

So basically, do the maternity laws cover this? I know it generally provides that you can't be disadvantaged because of having a baby, but if my contract is specific then is it outside of that law?

Tbh it might be that when I say I want to go back I won't have to reapply as such but just fill in some forms but why should I?! I had a job!

Sorry it's long, just trying to get all the info in! Thanks

[mum2all]

Try contacting the citizens advice and hunt out your contract so that you can take it along with you.
I would think that although your contract says that ML would be a different matter.

[ThePinkOne]

Thannks. Might have to get them to send me a copy but I'll give the CAB a try.

[glasgal]

This is a clear case of pregnancy related dismissal! Employers are supposed to assume that women will take the full 52 weeks of maternity leave, you are still classed as their employee until then. What seems to have happened here is that one of your bosses has thought that the end of OML is the end f your leave and employment. If it's a genuine mistake on their part and they immediately resume your contract then fine. But if they don't this apears to be an easy case to proove at a tribunal.
There could be a problem though if they try to say you have been made redundant. But the burden of proof is still on them to show that this wasn't because of your pregnancy.

[ThePinkOne]

Thanks glasgal, they're not trying to say I'm redundant I don't think. Just that my contract doesn't allow me to not work for that long. So I didn't know if I was entitled to Mat Leave as such if I don't get SMP.

Heard on the grapevine today that the new boss is a woman who has herself had ML in the last few years so I might ask to meet with her and have a chat.

I don't think anyone has thought about the implications. HR is done by an outside company so they've perhaps just looked at the contract, and done it and because of the changes in management at the office where I worked noone has stopped it.

[SpottyXmasStockings]

Hi Pink - this is your grapevine calling!

Did I say that about the new boss yesterday?? Can't remember even talking about it!!! - how bad baby brain is that????!! (I do remember gossiping about the leaving tho )

However, I can confirm it isn't preg related dismissal. Seeing as I can't even recall the conversation I can't remember how much I said but have some inside down-low if I didn't pass it on yesterday > It's not good though. Let me know if you need if you need a FB

[SpottyXmasStockings]

Ahhhh - yes, have seen the written evidence!!! I KNEW We hadn't 'spoken' about it at group!!!!

[ThePinkOne]

Hi spotty, like the name!

Yes, I'm totally baffled now but can you fb and tell me anything you know please!

Still think it was rude to send p45 and nothing else!