Could I get away with not paying back maternity pay?

[Sarahhh86]

When I left for maternity leave I was never given anything to confirm my leave or pay. My work place was extremely difficult in dealing with my pregnancy etc. They lost my paperwork numerous times and have blocked all access to work emails and my work laptop etc. I have been receiving SMP as well as additional pay for the first 12 weeks. However, when I left as they never gave me any paper work or letter or contract. Nothing to say I have to pay it back. Also the HR person has left and failed to pass on any information to the new person. When I contact work , they have made me feel as if I no longer work/belong there. On my last day, my boss wasn’t even it was my last day. He even said to be he wouldn’t have hired me if he knew I’d leave so soon... Everytime I am trying to contact work but they make me feel as if They have no idea who I am. I was on the fence about returning, but All of this is making feel like I definitely don’t want to go back.

We may also be moving soon, so I was just thinking what happens if I don’t talk about coming back and I just don’t return? They don’t seem to be bothered and what happens if I just cut off communication (it’s already been cut) and just leave point blank? What are the implications of this? Has anyone ever done it?

From a HR perspective you could in theory take them to employment tribunal for constructive dismissal by the sounds of it.

In terms of resigning you'd still have to give the standard notice as per your contract of employment, as you work in a school I'm not sure this would be a term (most teachers have to give a term or half a terms notive) or if you are administration staff if you would give 4 weeks you'll need to check your contract. If you didn't want to return to that environment at all you would need to give your notice with the relevant time scale whilst still on maternity leave. If you do not go back and do not inform them that you have resigned they could take you to tribunal and you could then be left with the court costs and be left having to pay your enhanced maternity pay back (SMP you would have been entitled to anyway)

It's standard to be locked out your emails during a time of leave. I work for nhs and have only just gained access back into my accounts after starting on keeping in touch days. No contracts were signed regarding my pay and it has been up to me to arrange when I'm willing to go into work including written notice from myself of when I intend to return to my normal working hours.
It's sounds like you're just looking for an excuse to not go back tbh

@Sarahhh86 i replied on your other thread - you’ve named changed though I think?

I really wouldn’t do a runner - Realistically they’d be able to find you and essentially you would have a debt that they could chase and you could end up with CCJs (worse case scenario).

The issues during pregnancy are different to whether you need to pay the money back and whether you need to go back to work. As I said on the previous thread the school haven’t been great at all and i can see why you wouldn’t want to go back however you run a huge risk re not paying it back.

@BlueThursday mine was 8 floors - two high rise blocks with a couple of smaller blocks. Six form intake

Back in my day it was only 3 high - I’m so old