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where do i stand

(5 Posts)
unimagmative13 Mon 27-Jun-16 21:07:37

There's probably no solution to this but here's the situation.

My boss was pushing me for a refund to work 9 month into mat leave.

I decided not to string him along and told them with 1 months notice I wouldn't be returning.

I could have said I was taking the year but couldn't deal with the pressure he put me under.

1 week before my notice ended the company went bust and I assume made all staff redundant.

So I was at that point still on mat leave.

I'm owed 5 weeks SMP plus my holiday from April to end of mat leave.

Hopefully I'll still get this?

I was planning to sign on until something suitable arose- I assume I can't as I made myself unemployed?

If I hadn't caved in them I would have maybe got my holiday pay until the full year was up?

My boss obviously avoided put most things in writing claiming they were calling me to run through things. I never got any emails prior to me handing in my notice.

They offered me unsuitable hours and less money for same job so I felt pushed out.

flowery Tue 28-Jun-16 09:24:00

I don't think I'm really sure what you're asking. You are entitled to SMP for the full 39 weeks whether your employment has ended or not. You are entitled to holiday accrued up to and including your termination date, which in the absence of anything to the contrary, you should assume is the date you gave as your termination date initially.

I'm not sure why you gave notice to terminate your employment earlier than the end of your full year maternity leave? If you weren't coming back, you could have just given notice that you wouldn't be coming back after a year, and that your termination date would be the end of that year.

However it won't have made any difference by the sounds of things, as it sounds like they would have had to terminate your employment sooner anyway.

Do you have any reason to think they won't pay you your SMP and holiday accrued?

AnchorDownDeepBreath Tue 28-Jun-16 09:27:19

1 week before my notice ended the company went bust and I assume made all staff redundant.

They offered me unsuitable hours and less money for same job so I felt pushed out.

That seems at odds - is the company bust or have they offered you an alternate position?

And did you give your notice in writing or just verbally?

I think Flowery has covered most of it, anyway.

limon Mon 04-Jul-16 18:25:39

You'll need to contact the administrators and refer to the government redundancy scheme for companies that have gone bust

unimagmative13 Mon 04-Jul-16 19:31:13

Yes but I technically made it clear I wasn't returning.

I suppose I'll have to wait for payday to see what I get I should be owed mat leave, holiday and hopefully they included me in redundancy??

I was also hopefully to claim something in the way of benefits short term while I get something else.

I've told them that the company has liquidated.

I have no contact now, how do I prove anything?

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