Employer shortened my given notice - do I have redress?

[Earlynotice]

I’ve name changed as this could be outing for people that know the situation.

I gave notice to my employer beyond my contractual requirement, thinking it was the morally right thing to do. I was still on maternity leave at the time.

My employer accepted my notice, but said they don’t usually accept longer than contractual notice. Therefore, they worked out my holiday entitlement accrued during maternity leave, took me off maternity leave early and told me to use my accrued holiday which takes me to the end of my contractual notice period.

Off the back of another mumsnet thread I saw tonight and a quick read of citizens advice, it appears that this is tantamount to them sacking me?

If I had known that they aren’t meant to have shortened my given notice, I would have pushed back as I am happy to work to my given notice end date and I know that there is plenty of work for me to do.

Their reasoning for shortening my notice period was that it would be disruptive for me to return for a few weeks and then use up my accrued annual leave.

I also feel that if I hadn’t been on maternity leave then they probably would have let me stay longer. I know other people that have left that have a similar length of service that have had longer notice periods accepted (although they may have had different contractual requirements than me).

Essentially, what I am asking is does this amount to unfair dismissal on the grounds of possible maternity discrimination?

By them shortening my maternity leave and my given notice I lose one months pay and all my company benefits. From my quick bit of reading, if they didn’t want me back, surely the correct thing to do would be to place me on gardening leave?

Many thanks for any advice given. If it appears that there may be a case I’ll contact ACAS for further advice and go from there.

More incorrect advice. It isn't technically shaky at all. It is a sacking. It is unfair dismissal and maternity discrimination. That is the law.

The OP has plenty to gain from pursuing this. Her employer will almost certainly settle before this gets to tribunal. After all, this is a case they can't win. Even if it goes to tribunal, it won't take years. Months, maybe, but not years. And there is a good chance the employer will back down in early conciliation as soon as they've taken legal advice, in which case it will be over in a few weeks; OP will have her pay and an agreed reference.

There is no evidence that her employer has given her anything beyond SMP. They certainly can't request repayment of SMP. If OP has received contractual maternity pay, they can only ask for it back if the contract allows it. If the employer does demand return of maternity pay in these circumstances, they would be lining themselves up for an even bigger payout to OP.

OP should absolutely not let it go.

Its people like op who challenge these things that have helped create case law and many of the positive working conditions we have today. Employers need to be shown they cannot get away with unlawful treatment.

Such a good point.

I use to work in HR years ago but never had to deal with this issue or came across anybody in my circle that had. Such a great learning point and please do update OP.

I’m not sure the potential damage to my reputation is worth the pay differential that would be the result of a tribunal and I’m assuming the maternity discrimination wouldn’t add much as I wanted to leave anyway, they just hastened my exit?

I would love to challenge it, I really would, as otherwise the poor behaviour/practice just continues.

OP have you left now, or are you still in your (shortened) notice period? And by shortening your notice, did they cut off some of your statutory maternity pay so you won't/didn't get the full 39 weeks?

For a discrimination claim you can get compensation for hurt feelings in addition to your financial losses. That could add a four-figure sum to what they owe you. A typical award is £5,000, although that doesn't guarantee you would get this much.

If you start a claim, it is likely that your employer will settle before it gets to tribunal. In that case there would definitely be no damage to your reputation.

@GrannyAchingsShepherdsHut I’m out of my shortened notice period but not quite out of the period I wanted to give, although we’re close to that now. The only reason I posted was because another poster had started a thread last night in a very similar situation and it made me think that I perhaps hadn’t been treated fairly.

I took more than the 39 weeks maternity leave but less than 1 year and I was on SMP throughout so I haven’t had my maternity pay reduced in any way, just the extra months salary I would have received if they had accepted the leaving date I put in my resignation letter.

@prh47bridge thank you for all your advice it’s been really informative. I’ll mull over whether I want to take this further and go and get some in person advice if I do.

Even if I don’t take this forward, I hope that it serves to inform someone else in the same situation.

If I had known that my employer couldn’t force me to take my contractual notice period then I would have pushed back when I was discussing my exit and pushed for my chosen end date.

@Earlynotice listen to @prh47bridge tbey really know what they are talking about.

I am amazed at the number of people who think that an employee should roll over and give their employer money that they are owed. For those asking why bother - If your employer didn't pay you what they owed, would that be OK? Or is it only other people who shouldn't be paid?