Not returning as I hate my job!

[CaramelPrincess]

My maternity leave is due to end in September, and I have decided not to return to work due to how I have been treated while I've been off. When do I have to notify work that I won't be going back? I've only received SMP so I have no obligation to go back or anything like that. I will probably just find something in the new year if we are struggling financially

[leopardspice]

You need to tell work 8 weeks before you plan on returning so I would imagine 8week before the end of maternity leave end date or maybe just your notice period?

[CodyKing]

So it's about how you've been treated rather than the job itself?

Can you explain more? Do you think they are actively seeking foe your resignation?

[CaramelPrincess]

CodyKing It's a bit of both really- in the last few weeks before I went on maternity we had a new general manager who I found particularly unpleasant and made my job very difficult. As he was arriving he was obviously told I was due to leave on maternity.
Since being off I have heard from other staff members that my maternity leave replacement was told by the GM that it was a permanent position and I will not be returning to my original position. He has basically said I am not able to do my role part time (which was what I had discussed as a possibility before I left) so I feel as though he is pushing me out, if that makes sense. I used to love my job but the thoughts of going back to it when I'm clearly not wanted is really bothering me

[CodyKing]

Then you have a case for constructive dismissal - you need to go back - find out for sure about your replacement and then file for loss of your job.

[CodyKing]

You will have almost a full years holiday as well as maternity leave as it's kept for you

[Zebrasinpyjamas]

You need to give your normal notice period like you were resigning in any other circumstances. Don't forget you accrue holiday while you are on mat leave so make sure you've been paid your full entitlement.
Obviously it is your decision but if you used to love your job maybe you should at least discuss what role you would go back to with your employer. Things might not be as bad as you remember.

[2nds]

You are hearing all that from a third party and you intend on leaving without having a word with your managers? Tbh I think that's a bit of a silly move, even if they are replacing you with this other person go back to work and stand your ground and like Cody says if they dismiss you you have a case for discrimination and unfair dismissal. Just walking away because you've heard a rumour is not a wise move.

[CaramelPrincess]

The girl I was talking to was passing messages from the GM to me, he was basically saying 'tell her this from me' and so she was messaging me with what he had said. I responded to her and said I would prefer him to contact me himself & I want it all in writing, to which he jokingly replied 'looks like we've fallen out then'
I've worked there a long time & I know what the company is like. It's a small family owned company & I know beyond doubt that the whole atmosphere and everything is different now. I'd dread going back there tbh

[CodyKing]

So you have some proof of them not wanting you to return?

Get your stubborn head on! Go and discuss part time - if not state you are returning full time - claim your holidays -

[flowery]

You need to give your normal notice period, whatever that is.

I don't think anyone is in a position to say you 'have a case for constructive dismissal', and I think that's unlikely based on what you've said. Your company need to follow a correct process if you request part time working, and your GM shouldn't have indicated this wouldn't be approved without actually going through the process, but that doesn't amount to constructive dismissal.

You could either put in a formal flexible working request stating the hours you wish to return to and outlining how you think this will work well for the company, or you could just confirm that you are returning full time.