Got fired when 30weeks pregnant....(5 Posts)
I was dismissed last month with no payment of notice period or days in lieu ,after being suspended for 4.5months. I submitted a discrimination claim 2 months before i was dismissed and now another one for unfair dismissal.
I contacted the jobcentre recently to claim MA and just got all documents back sating that because i was working at the start of the 15th week before my baby is due The company who dismissed me has to pay me my SMP...
They will obviously say they wont pay me the smp ....Can anyone give me some advise on what to do? have you been in a situation like this?
You were suspended for 4.5 months?! What on earth for?!
Why is it obvious your ex employer will refuse to pay you your SMP? You are entitled to it after you leave employment regardless of the reason for you leaving, it's not something that's up for any kind of debate. Did they refuse or have you not requested it?
If they refuse they need to fill in a form saying why, and you can contact HMRC.
Do you have a solicitor dealing with your claims?
Oh dear what a mess and nearly through all of your pregnancy as well.
They should be aware they have too, if they aren't it's very easy for them to check. Would have been the same if you'd resigned as well.
What were their reasons for it all?
Get a lawyer
When they dismissed i again raised the fact that although they had my matb1 since july they still hadnt contacted me to discuss maternity leave , to what they said they never got my original mat b1 in the office that it must of got lost in the post .... only the ops manager had a copy ( i delivered on site a copy of matb1 to inform my ops manager).When i received the letter of termination of contract they sent a copy of my matb1 and p45 , nothing else related to smp , when i stated that i believed they had to pay my smp the response was:"you are no longer a employee , we are not obliged to pay you anything else."
I have emailed HR manager yesterday and will see what they say and act from there...This is a very big well knowned company and i believe that they must be aware that they should pay me smp but maybe because i raised a claim in employment tribunal they are making things a lot harder...
When i was suspended (5th may) it was for not following a request from my line manager and employing a person that was not suitible for employment on that site.... Although the investigation done by the company was inexistent and my union rep and myself presented evidence (solid) that such thing never happened i was still dismissed for gross misscunduct.
I have instructed last week a solicitor to act on my behalf and was told i have a good stong case and have the 1st hearing on 19 december .
Funny enough when i received a copy of the employers response to tribunal , for the 1st time ever they are actualy stating that there was a client removal request .....so now they are saying they dismissed me because the client ( very big brand in uk that states to be good with people) demanded my removal from site....
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