To tell employer to do one

[Onlyjudycanjudgeme10]

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.

Anyone on Mat Leave was allowed to go onto Furlough even if it was after the deadline, so your employer was wrong there, although it is up to them not up to you if furlough happens. Furlough ends at the end of October and the new scheme starts, but you have to work a 1/3 of your hours to qualify for it and been on a payroll RTI filing before 23 September.

They can't just not pay you though. If they couldn't have you back, the most sensible thing for them to do would have been to furlough you, it makes no sense that they didn't.

You would have accrued holiday pay while on ML, they could have paid you that while you weren't working.

If they want you to serve your notice period, then they need to pay you for it. They also need to pay you for any holiday pay outstanding.

I would ring ACAS for advice asap.

@BathtubGin She would have been eligible for furlough actually. Bit of course that’s the employers choice not the posters. So no right to just ask to be on furlough.

But as others said the other option then is redundancy- you can’t just not allowed a person come back to work after mat leave and tell them to stay home unpaid. Especially when the office is open and everyone else is at work - It’s illegal.

Just ring ACAS

[quote itchyfinger]@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![/quote]
well technically they could ask her to come back and work/be paid. But it is very cheeky of them, seeing as she has been off. No obligation for them to pay her PILON (pay in lieu of notice) though, as was suggested in the OP.

OP, start your other job, because I can't see your boss wanting you in the office. At the same time, call ACAS and get legal advice. You not being in the office hasn't been your choice, but the employer's due to SD rules, so I don't see why you haven't been paid.

At the very least, I'd have thought you'd have the two months back pay paid, and others think you have a case for redundancy, so it's worth looking into.

Ignore the people saying they could sue you - it's about as likely as winning the lottery on a day you get struck by lightning.

Are you relying on a reference from them? If not, just go ahead with the new job.

You've essentially been forced out of your job while on maternity. Everyone here has given you great advice - call ACAS this morning!

@ZoeTurtle

Ignore the people saying they could sue you - it's about as likely as winning the lottery on a day you get struck by lightning.

Are you relying on a reference from them? If not, just go ahead with the new job.

Plus you have a hefty counterclaim against them for loss of wages and discrimination on the grounds of maternity.

The Pregnant The Screwed group has a whole section on pregnancy/maternity rights through the Covid crisis, you can find it here

You need some advice on your employer's obligations on welcoming you back, definitely the situation of being without pay (sure that is inadmissable?!) and the ridiculous request to work notice when you can't go in, are not being paid and have suggested alternatives (home office).

Good luck.

If they told you not to go in they should have been paying you, if they didn't have space why wouldn't they let you work from home?
Are you part of a union?
How are you even meant to work your notice if they wont let you work!?

Definitely seek legal advice.

Just read your update OP and changed camps on this one.

Talk to pregnant and screwed and Acas.

Surely if they're not paying you, you're not employed any more!

@Brandaris

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!

This! It sounds very much like you’re in detriment because you were on mat leave

Did you ring acas?

Have you specifically told your boss that you have not been getting paid? Seems daft to have to ask but he may not even be aware.

You really really need legal advice. You could have a claim for the pay you have not received plus holiday pay. You might even have an additional discrimination claim.

Seek advice before you do anything

Please call ACAS as soon as possible.

You say you’ve been there 6 years ... so he either needs you to come into the office, work from home, or stay at home and do no work - Either way he needs to pay you as per your contract or make you redundant!
Regarding your notice period - if he’s not paying you then tell him to stick it!
But ring Acas first. As I’m pretty sure he should have been paying you or he should have made you redundant. He can’t just say ‘there’s no work so I’m not paying you’! (Unless of course you are in a zero hours contract). Defo talk to Acas before you hand in your notice.