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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

to be worried and upset about work?

13 replies

cornflakequeenie · 19/10/2010 18:25

I went into work the other day and spoke to my deputy manager about me not planning on returning to work after my maternity leave. I asked her what I needed to do next as I hadn't heard anything from HR, I'm assuming my return date is sometime in Jan - but this is what I wanted to find out.

My brother works in the IT dept and processes the starter and leaver forms. He just called me to say that he didn't realise that I had handed in my notice.

I haven't handed in my notice - verbally, written or otherwise, but apparently they've taken my private chat with the line manager as me handing in my notice, so I now technically don't work for the company anymore as of two weeks ago. I didn't even verbally say I wanted to hand in my notice!

I'm going to phone HR in the morning to try and get them to reverse this. I feel so stupid for going in to chat with them, I just wanted to let them know what I was planning on doing so they would know and to also get some clarification for myself.

Where do I stand now? I feel really worried and quite upset.
Thanks

OP posts:
Tee2072 · 19/10/2010 18:27

So you told her that you weren't going to return after maternity leave? That's the part I'm not following.

scurryfunge · 19/10/2010 18:30

Never talk of not returning after maternity leave at work....their attitude towards you will change. Get on to HR asap and tell them you were talking hypothetically and had no intention of giving your notice in.

Fel1x · 19/10/2010 18:32

I think it was a bit daft to have actually told them you are not going back as that is clearly why they think you'v handed in your notice.
You'll have to do some serious back tracking here. Call tomorrow and say that you were discussing the POSSIBILITY of not going back after your maternity leave ends and have NOT decided for definite yet so to reverse the notice.
Get them also to clarify when your return date would be and when you would have to officially let them know if you did decide not to return there.

cornflakequeenie · 19/10/2010 18:43

But I said I wasn't planning on returning, is that not different to saying that I'm most definately not returning?

I just thought I was being courteous as I hadn't spoken to them since going on mat leave last year. I thought that every company needed a written notice? I haven't done this, nor have I said verbally.

OP posts:
MichaelaFinnigan · 19/10/2010 18:46

Oh no, you pretend to want to stay right up until the last moment when you have to tell them you're not coming back. That way they keep having to pay your maternity allowance and don't do what they've just done to you. You can also change your mind if you have to. I really hope you can reverse this.

porcamiseria · 19/10/2010 18:51

are you going back, or not....as if its the latter and you have decided well you do need to hand it in. or what, take the money. thyats what they will think tbh

BubbleBobble · 19/10/2010 19:22

Would there be a chance you'd be dropping your brother in it if you mentioned you knew what they'd done?

Personally, I'd phone HR and say you had a chat with your manager to discuss all possibilities regarding what hours you'd be doing on your return from maternity leave, and that you're worried that it's been misconstrued as you handing your notice in and can they please tell you in writing what your official return to work date is.

Caboodle · 19/10/2010 21:35

I may be wrong but don't you have to confirm handing in your notice in ie in writing? (iyswim).
If you intend to leave anyway - why are you worried? Will you have to pay back any additional mat pay for example?
I am genuinely interested in how this works out for you - hope call with HR goes well tomm.

MrsMoosickle · 19/10/2010 21:46

Its worth a wee check of your employment contract. Most have a resignation section and will often state written resignation, ( for exactly the reason you have just demonstrated)

RainbowRainbow · 19/10/2010 22:11

Don't hand your notice in now! You accrue paid annual leave while you are on mat leave. If they think you've resigned, that will stop.

If you really are sure that you don't want to go back, then tell them, in writing, that your last day will be the last day of your mat leave. That means that you'll remain employed until that date, and entitled to all benefits that you get whilst on leave. If they think you have resigned with immediate effect, everything - mat pay, leave, any other benefits, could stop.

If you aren't sure about going back, then write to or email them now, saying that you had a chat with you rmanager and told her that there was a chance that you wouldnt be coming back, and that you will tell them for sure on [x] date. Like MrsMoosickle says, your contract will tell you how much notice you have to give. [hsmile]

zipzap · 19/10/2010 22:39

Aren't you supposed to work for 3 months or something after maternity leave finishes or become liable for paying your maternity allowance back or something?

Sorry, am out of date on this but know of a couple of people who (couple of years ago now) had to find childcare for that 3 months as they couldn't afford to pay back their allowance IYSWIM.

Definitely think it is worth talking to HR in the morning, no need to drop your brother in it, talk to them and assume that you are still employed. Find out about return dates and how long you need to work so you don't need to pay anything back to them and if they query anything about your chat a couple of weeks ago, make sure as others have said that you thought you were discussion possibilities and options rather actually doing anything.

have you had anything from them in the post with tax forms and final payslips or anything else incriminating?

Or any follow up notes from the meeting to confirm what was said?

Could you write a letter or email now to them, just as a polite follow up to the meeting, to say thank you for the meeting and for outlining the different possibilities once your maternity leave is over. Ask them to confirm in writing when your expected return date is and any other dates of note by which time you need to tell them anything.

If you can get this to them tonight - or at least before you ring them tomorrow - if nobody else has written anything else down about it then at least yours will be the written record of the meeting. Definitely write it as if you don't know what your brother has told you and as if you are expecting to go back (at least for a short while!) but expecting them to provide further info for clarification.

Then when you speak to them you can express surprise if they say 'oh but you don't work here any more' and ask if you've been fired or done something wrong. Then they'll have to tell you that you have resigned - so you can say something along the lines of 'I haven't resigned - when am I supposed to have resigned - I think I would have known if I'd resigned. arrrrghh' And you can then refer to your email to say 'why would I have written to you asking for clarification of return dates and so forth if I'd resigned? And I have't written to you to resign - is somebody playing a really bad joke on me'

If they refer to the conversation with your line manager definitely make sure that you say that you never said you were going to resign - but don't actively mention this until they are the ones talking about you having resigned.

Depends on how well you get on with your line manager and how much you want to dob them in it but the phrase 'seems like we must have been talking at complete cross purposes' can be a useful one to get out of situations like this without directing blame at yourself or them.

Make sure you watch your bank to check pay goes in as you are expecting it to - both time and amount.

But definitely one to be sorting out tomorrow, even if you do find yourself having to go into work for a few weeks in order to get it all sorted come your return...

good luck, hope you get it all sorted and let us know how you do!

DancingHippoOnAcid · 19/10/2010 22:51

zipzap - there is no requirement for statutory SMP to be repaid if you do not return to work.

However, if you get extra pay over and above stat SMP then your contract may state that you have to come back to work for a minimum period to avoid having to pay this enhanced element back.

AFAIK the employer has to pay the full period of SMP to you even if you leave their employment before you have finished the full stat SMP period.

BubbleBobble · 20/10/2010 14:16

Any news on this? x

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