AIBU to lose my rag completely with my employer?

[Edumacator]

I was a science teacher in a secondary school. When I fell pregnant, I told my employer early on because I had a high-risk pregnancy and needed lots of appointments as well as obvious issues of my role (chemicals, fire, fumes but also working in a school with poor behaviour and very frequent physical alternations and incidents). Within a week, my school posted an advert online for a new science teacher to start as soon as possible. I raised it and was told that they’re intending to expand the department - first time that’s been mentioned and the school isn’t growing in student numbers (it’s not a school of choice locally). Not to mention, they wouldn’t expand a department mid-year because they’d have to reshuffle all the timetables and room allocations etc. But, the state of teaching being what it is, they didn’t get any applicants so no one was hired. I’m currently on maternity leave and I won’t be returning - I have a job that’s not in teaching lined up. I just gave my employer my notice to leave at the end of the Easter holiday - giving the required notice. Just got my payslip via email and the bastards haven’t paid me anything this month. AIBU to be absolutely sick to death of this shit now?

Oh shut up yourself. My opinion is as valid as yours is, and plenty of others have said similar. If you think I've broken MN rules, please feel free to report, but I am not going to change what I post just because you don't want to read it.

But 1) was either a logical response to how long it would take to sort a replacement or (even more likely) for some unrelated reason (op won't be privy to every staff change/illness)

And 2 is almost certainly just a payroll error

Reasonable response would be: - check your payslip, contact HR or whoever the next day, see what they say.

If there's been an error they will correct it. If there hasn't been an error and you agree - then accept it. If you don't agree then take it further - grievance/ ACAS / Tribunal. Getting into a spat with MNers who don't know the facts and are trying to help is just a waste of time.

Can someone please explain to me how exactly she is being unreasonable for being annoyed that her employer has failed to pay her the Statutory Wages she is meant to be paid while still on her 39 weeks maternity leave?

Because OP said she’s 100% sure she’s entitled to the money which means it’s obviously a mistake and therefore she should just ring them up and ask.

If I hadn’t been paid I would be ringing them straight away.

I wouldn't disagree with you at all. Those would very probably be valid defences to a claim.

As I said though, the issue I was commenting on was the assertion that she couldn't claim constructive dismissal if she resigned.

Yes she's on maternity No she isn't beyond 39 weeks

Sensible course of action then.

Overreact to randoms on the internet without a quick phone call to the person who does payroll.

Yanbu x

When does your new job start? Maybe they thought it was starting imminently? Obviously you won't qualify for SMP if you start your new job.

Sounds like a) a mistake by payroll and b) the - figure is probably a tax rebate. It does sound like they think you were resigning immediately and starting a new job - or somebody made a mistake in what you were entitled to.

So you're annoyed about something that didn't happen?!

What has that got to do with them messing up your pay?

That’s a fairly shitty thing to say. Taking maternity leave isn’t screwing anyone over and to be honest if that’s your view you should be ashamed of yourself. Go back to the 1970s where these outdated views belong.

Can’t help but wonder what you expected them to do when you haven’t actually spoken to anyone to find out if there’s an issue and what it is?

What date did you go on maternity leave? And how many week after you started did you go on leave?

if you say you started in September and are now on the 39 th week of maternity leave - yet you were 6 weeks when you told them in … October? Then I don’t get the dates
if you have been on maternity leave for 39 weeks - approximately 8 months - you went on maternity leave July - before you started?

or have I got it completely wrong and you have stated something different.

I got 4 weeks full pay 4 weeks at 90% 12 weeks at 50% and then nothing basically so only 5 paid months ?

Check your contract

You seem very hostile towards your school.
There is nothing at all stopping the school from recruiting whatever posts they like as long as your role is there for when you return. In the world of science teachers of course it makes sense to advertise a perm role. It's far more attractive and there are always teachers leaving.

This seems to be clouding your judgement and reactions. You're taking things very personally.

Have you called the school yet?

@Edumacator I would double check your SMP entitlement. My understanding is an employer should pay all 39 weeks (unless you return to work) and if you resign they can pay remaining weeks in a lump sum.

I appreciate advertising your role pissed you off but this is a completely separate issue.

Have you actually contacted the school to find out why you have not been paid SMP? This is step 1 and no one can help until you do this.

I would also talk to them about paying the rest of your SMP after your last date of employment as a lump sum.

The first 3/4 of your post is irrelevant, them advertising for a teacher is nothing to do with this.
Have you managed to speak to anyone at the school? If it's not half term where you are I'd give them until 9am Monday to sort it. If not then go back to your union and I'd contact HMRC, the statutory payments team. I had to do this during my last ML (different situation, I was made redundant due to the company going into liquidation). You will get your money but it takes time if having to go through HMRC, mine took a couple of months to get paid. I got it in one lump sum for the money owed. Going to HMRC might get them to pull their finger out their arse though.

Where does it say she told them in October?

As you have pointed out recruiting science teachers is difficult, even get some to apply is hard. You can't blame them for starting to look for another teacher at the earliest possibility when they know there is a very good chance they will struggle

So you're annoyed about something that didn't happen?!

What has that got to do with them messing up your pay?

I agree.
It’s such a weird thread.

So much of the usual anti-teacher shit on this thread. OP is under zero obligation to give any more notice than her contractual notice period that she won't be returning and she most definitely is NOT entitled if she chooses not to "think of the children who now don't have a Science teacher" in making decisions about how to live her life or raise issues with her employer.

Well, yeah, the better thing to do would be to call and politely ask it to be checked.

No. Your misquoting. I wasn’t answering you. I was asking someone else

sarcastic comments say more about you then they do me.

I didn't misquote you at all in the slightest even a tiny bit. The entire thread is visible for everyone to see. PP said they tried to replace me when I was six weeks pregnant and you asked why that was a problem. No misquoting at all at any point.

Seen as you are still here, are you ever going tell us wether you contacted payroll and what they said?

They didn't try and replace you. If your contract says that you are contracted as a science teacher (unlikely...more likely you're contracted as a teacher and therefore can be asked to teach anything) and that you teach classes 7m1, 8n2 and 9t3 only and then this role was also the same then yes I could see where you're coming from. The school made a business decision to advertise early and made it attractive by advertising it permanent. They are able to do this at the risk they will be over staffed.

Are you going to update us on if you spoke to the school? Or just totally avoid that altogether?