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Can they Legally do this?

(10 Posts)
horseynewmum Sat 06-Oct-12 15:07:05

I informed my employer I'm not returning to work after my maternity leave, which finishes next year. I have to give them 4 weeks notice if not returning, which I have done.
The reply I got was my P45 would be sent at a later date but I'm still employed by them till end of my maternity leave and that I should make myself available to work as requested.
Also I can not start another job until my Maternity leave with them finishes.

When I informed them of my pregnancy I was sent a letter stating that if I wish not to return to work after my Maternity Leave I needed to give 4 weeks notice.

I'm really confused and quite angry. I'm with an uniion but can't contact them till Monday so looking for some advice until then

ItsAllGoingToBeFine Sat 06-Oct-12 15:13:13

I'm confused as to what your issue is tbh? You want to leave employment after your maternity leave. You have given notice. Employer has said fine, you are employed until end of maternity leave?

horseynewmum Sat 06-Oct-12 15:20:17

what I dont understand is how can I still be employed by them if they send my P45 to me?

picturesinthefirelight Sat 06-Oct-12 15:20:21

If you were to start another job before the end of your maternity leave then your maternity pay would stop, maybe they mean that.

Technically speaking they are correct, you are employed by them until the end of your maternity leave. If you don't want to be then simply give them notice to take effect immediately (after the 4 weeks notice period)

picturesinthefirelight Sat 06-Oct-12 15:21:24

They won't send your P45 until a later date (after you have finished) your maternity pay will need to be included in its figures.

OneOfMyTurnsComingOn Sat 06-Oct-12 15:22:12

But they are sending your p45 at a later date. They are going by the book.

LIZS Sat 06-Oct-12 15:22:21

Did you intend to work for anyone else in the interim ? Were you on an enhanced maternity pay package with terms attached or just smp. Technically you are employed throughout ML, can retain benefifts etc in return, so they are legally obliged to keep your position open for you which also means they cannot recruit a replacement and invite you for KIT days in case you change your mind . If you want/need to end your contract formally earlier then you need to speak to HR as the default date for doing otherwise would be your return date.

horseynewmum Sat 06-Oct-12 15:28:22

Ah I can see where I might of gone wrong. I should of told them I want to cease employment with the 4 weeks notice not after ML. Is this correct?

I'm on MA as didnt qualify for SMP.

OneOfMyTurnsComingOn Sat 06-Oct-12 15:46:39

Yes.

horseynewmum Sat 06-Oct-12 15:48:18

Thanks all I can its my error. Thanks for the advice x

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