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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To tell employer to do one

94 replies

Onlyjudycanjudgeme10 · 12/10/2020 01:43

Was on maternity leave and due to go back end of July. Due to Covid I have been unable to go back into the office and work due to not being able to be socially distanced. The work I do I could do from home but our company does not want to do this.

I was unable to be furloughed as was after the cut off date and as no one else was furloughed from the office was ineligible.

I have been without pay now for the last couple of months and with no return date yet set decided to look elsewhere for work. I have managed to find something and when I told my boss, he has told me that I have to “work” my notice period despite the fact that I cannot go into the office.

Am I being unreasonable to tell him to do one and unless he asks me to go into the office for the month or pays me that I should start my new job straight away.

OP posts:
IntermittentParps · 12/10/2020 09:04

So you’re being asked to work notice, for which you’re not being paid? I would speak to someone legal about this, because I’m pretty sure they can’t just stop paying you because they can’t accommodate you in the office.

Agree with this. Talk to a solicitor.

Scaraffito · 12/10/2020 09:05

He's having a laugh then, it's more a breach of contract if he hasn't been able to offer you your job back after maternity leave and you've had to go unpaid.

ChazsBrilliantAttitude · 12/10/2020 09:06

When you speak to ACAS ask them about your lack of pay too (unlawful deduction of wages) and whether non payment is a breach by your employer which would mean you no longer have to serve your notice - this will depend on your contract

HibiscusNell · 12/10/2020 09:07

I’d speak to ACAS too or you could call Daniel Barnett on LBCs legal hour. Saturday evenings.

BathtubGin · 12/10/2020 09:07

@Bubbles120

What they've done is wrong. They could've put you on furlough the cut off date did not apply to those in maternity leave. Martin Lewis did a whole thing on it over on money saving expert.
No it isn't

The OP is not eligible for furlough- not wanting to work is not a reason to furlough. The company would have been dishonest to furlough her

BathtubGin · 12/10/2020 09:08

Edit- not wanting to work or the employer not enabling work is not a reason to furlough.

Hopeisathingwithfeathers · 12/10/2020 09:12

I’m pretty sure what they have done to you is illegal. They’ve effectively forced out a woman on maternity leave.

diplodocusinermine · 12/10/2020 09:13

If your boss is telling you not to go back then ACAS, straight away.

slipperywhensparticus · 12/10/2020 09:13

ACAS immediately they have effectively dismissed you

Premiuml · 12/10/2020 09:15

If they can’t give you back your role, they need to make you redundant. I won’t leave for another job until they pay you the redundancy pay. I won’t resign either as you will lose out on the redundancy pay. They were effectively hoping that you will be forced to resign due to not paying you and won’t have to pay out on the redundancy. You need to speak to ACAS before you resign.

Premiuml · 12/10/2020 09:16

How long have you been there as your redundancy pay could be significant.

user1487194234 · 12/10/2020 09:16

I would say based on your update that you have a potential claim against them
Take legal advice
See if you have cover on your household policy

Zaphodsotherhead · 12/10/2020 09:16

So this is a case of 'won't' not 'can't'.

user1487194234 · 12/10/2020 09:18

You could resign and claim constructive unfair dismissal but don't do that without taking legal advice

Brandaris · 12/10/2020 09:20

Surely this is textbook maternity discrimination?

All your colleagues are working, you have finished maternity leave and not only are they not allowing you to work, they aren’t paying you?

On top of that you are not allowed to look for other work as they want to keep you at home, unpaid for another few months?

I would suggest you seek legal advice!

Xiaoxiong · 12/10/2020 09:20

This is completely illegal - as long as you are ready and willing to go back to work, if they tell you not to come in, they still have to pay you! The onus is on them to find a way to have you work, or make you redundant (properly, not just stop paying you and telling you not to come to work!).

The only way they might have a leg to stand on is if you're on a zero hours contract and they're not rostering you for any hours at present. But since you were on mat leave I assume that isn't the case.

WhatATimeToBeAlive · 12/10/2020 09:21

Hang on, he's TOLD you not to come back in but won't pay you and wants you to "work" your notice? This is mad. Just leave and start your new job. They won't know and it just means you'll have to wait another month for your P45 which isn't the end of the world. It's not illegal to have two jobs.

Brefugee · 12/10/2020 09:25

What does your union rep say? You need legal advice. What do you have from your employer in writing about your return?

Skysblue · 12/10/2020 09:25

I’m confused. If you are not in the office and not doing any work from home... How would they know if you actually started work elsewhere?

Mught be worth asking citizens advice bureau or something. If you aren’t allowed to going or do any work then sounds to me like you have a constructive dismissal case against them anyway.

itchyfinger · 12/10/2020 09:26

@CloudsCanLookLikeSheep but the company aren't paying her, so surely OP is not obliged to stick around for her notice period, she shouldn't even really have to ask!

Motorina · 12/10/2020 09:29

So you've completed your maternity leave, are willing to work, and have been told to not come in and not get paid? I agree with others - speak with ACAS, because - IANAL - it sounds to me like you have a case for discrimination and unfair dismissal.

Heyahun · 12/10/2020 09:31

@BathtubGin Read the thread - she’s not refusing to come to work - the boss won’t allow the poster to come in and work and won’t pay her.

theemmadilemma · 12/10/2020 09:33

Yes, per the update it sounds like you have a case. In which case it might be best to find out where you stand with that before not working notice.

However you can't be forced to work notice: If you don't give proper notice, you will be in breach of contract and it is possible for your employer to sue you for damages. An example of this would be if they had to pay extra to get a temp to cover your work.

I've not heard many cases where this has actually happened.

LakieLady · 12/10/2020 09:35

I agree with @Brandaris, this is maternity discrimination.

And if it's the employers choice not to have you in the office and not to enable WFH, you should be on paid leave.

Ring ACAS. They're taking the piss.

BathtubGin · 12/10/2020 09:37

[quote Heyahun]@BathtubGin Read the thread - she’s not refusing to come to work - the boss won’t allow the poster to come in and work and won’t pay her.[/quote]
I did- that doesn't make her eligible for furlough. It cant be used for that. My comment was bout furlough.

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