Issues after resigning during maternity leave

[onetwothreeoclock]

Hi there,

Apologies if this has already been covered...but I'm having real issues since I resigned during maternity leave.

I followed all the correct procedures and my boss is just not paying me for the days of holiday I will have accrued during my maternity leave this year.

I'm inclined to keep my company laptop and phone until he pays me and gives me my paperwork, otherwise I just feel I'll never get it.

Where do I stand on this, does anyone know? We don't have an HR dept and no one to speak to as my boss is angry with me for resigning and my line manager has quit the business!

Help!!

[flowery]

Where you stand is that you are entitled to be paid for any holiday accrued up to and including your termination date that you haven't taken. That's nothing to do with the laptop and phone though.

What reason has your boss given for not paying you and how long has it been since you left?

[OliviaStabler]

Can you contact HR directly?

[NameChange30]

Legally your employer has to pay you any outstanding maternity and holiday pay.

There is useful info here:
www.maternityaction.org.uk/advice-2/mums-dads-scenarios/pregnant/resigning-during-pregnancy-and-maternity-leave/

I suggest you write to your employer requesting your outstanding pay, and if they still don't pay you, get advice from Maternity Action, CAB or Acas.

[Iizzyb]

If you've already left contact Acas & register for early conciliation (something you have to do before you issue a tribunal claim). You are entitled to your accrued holiday pay during mat leave.

The Acas service is free, that is the sole purpose of the early conciliation scheme & they are generally quick & v effective. Find the Acas website (just make sure it is the genuine one as claims handler firms sometimes come up first when you google). Once you register online someone will ring you. & it's all done by phone & email

[onetwothreeoclock]

Thanks ladies.

I handed my resignation in on 4th April. I was due back to work on 9th May after 12 months off work.

It's a small company with no HR department at all. There are severe issues at the company, with almost all client facing staff having left whilst I've been off on maternity leave. The boss owes a lot of people a lot of money, and I'm just worried that he will not pay me what I'm due just because he is a pretty horrible guy!

I think I will send through an email requesting a date for payment and my P45/P60 etc. and go from there. Acas definitely seems like the way forward though I think!

[flowery]

So he hasn't actually said he's not paying you, you just think he might not?

If you're going to email requesting a payment date I would suggest including in that details of how much holiday you will have accrued but not taken up to and including your termination date and request confirmation that your final payment will include payment in lieu of those holiday days. Hopefully that will prompt him to check whether employees on maternity leave accrue holiday and will ensure he does make those payments. If he doesn't, you can then address it.

[onetwothreeoclock]

He hasn't said yet that he won't pay me no, but he has avoided addressing the matter in various emails and now just ignores my emails altogether.

He owes my ex-line manager over £10k so it does worry me that he won't pay me.

The info on how to word more "professionally" is great, so thanks for that!