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Original poster

Dismissed from work

21 replies

KeishiaKitten · 20/09/2017 11:22

I recently received my p45 through the post so I rang my employer to discuss the reason and I was told it was due to not having worked for 6 months (bare in mind I was going through the process to get maternity leave and payment). My job did not pay for my maternity pay so I went through the government, now I have received this p45 all my money has stopped and I need to repay back all that I had been paid since before I went on maternity leave as my p45 states I have been out of work since November last year. I need to get income support but I am worried it's all going to go with my child tax credits in paying back this overpayment, I have two kids and we are living on just over £50 a week. Should I try to take this further or just accept it and make do :/

OP posts:

WipsGlitter · 20/09/2017 11:26

Are you on maternity leave from your employer?

Original poster

KeishiaKitten · 20/09/2017 11:29

They would not pay me it.. When I originally left it was for maternity reason, my manager had said she told me before I left I had 6months but it's untrue, as I had been trying to see her to get myself a pregnancy safety at work sheet from them which they kept telling me they would sort and never did. I'm not sure if I have any rights or if they get away with this because of the lack of evidence I have other than the smp form I had to get for the job centre there is no proof.

OP posts:

LIZS · 20/09/2017 11:32

Did you work for them before going on ml? Even if you didn't qualify for smp you would ml. Did you claim Maternity Allowance instead ?

Anatidae · 20/09/2017 11:34

You need to call Acas. Acas helpline number is 0300 123 1100. It is available Monday to Friday 8am-6pm.

PerfumeIsAMessage · 20/09/2017 11:35

Did you not have a going-back-to-work date or anything?

What does your original contract say? What was said when you finally went on "maternity leave" What did the "6 months" said by your employer refer to? 6 months pay from the govt? 6 months leave from them? have you not been in touch with them or anything? Have you been off work since November? How does that work out at 6 months?

Original poster

KeishiaKitten · 20/09/2017 11:37

Yeah I received maternity allowance I worked there for almost three years before m/L, the catch it I was bank staff though. Having to work around my eldest child who had gone into nursery.

OP posts:

LIZS · 20/09/2017 11:41

Why would you have an smp form if you claimed MA? What are they trying to reclaim from you now if you were on ML?

GahBuggerit · 20/09/2017 11:42

Sorry OP can I clarify - you haven't been working due to maternity leave, that your work couldnt pay (presumably due to you not qualifying?) so you've been getting maternity allowance.

And you've received a P45 out of the blue?

Did you resign when you left for maternity leave?

Original poster

KeishiaKitten · 20/09/2017 11:43

The last few weeks before I went on to maternity I spent trying to sort everything I had needed but when seeking out management they never had time or told me they would sort thing out and get back to me with letter I asked and asked and received nothing, I was on a 0hour contract so I'm aware my rights are different but I was told after being there so many years I had some entitlement. No one felt conformable working around me as I had no safety precautions set in place, othertimes management had me working in a house alone. It was all contradictory in itself. As soon as I recieved my p45 I rang them up and spoke to them then the maternity pay people and working tax credits because I didn't want to repay any money I still have to now so I was wondering if there was anyway to help my situation.

OP posts:

Original poster

KeishiaKitten · 20/09/2017 11:43

OP posts:

GahBuggerit · 20/09/2017 11:48

Forget about the letters and what you needed at the time, for now.

Did you resign before you left for maternity leave?

Even if you are 0 hour you are still employed and have the same rights when it comes to maternity, they cant just P45 you off due to you not working because of mat leave as that would amount to discrimination.

Have you spoke to them and said "why have you sent me a P45 I havent left work Im just on maternity leave"?

Original poster

KeishiaKitten · 20/09/2017 11:49

I'm not sure what you mean by resign? Another contact do you mean? As I did not, they didn't speak to me about any of this, there was another girl who was also pregnant she got more done for her in the respect that they filled all the forms out etc for her, they wouldn't for me no matter how often I chased them I even asked other employees to ask them when they saw them too. I feel they avoided it and me because they knew this would happen, I suppose it's easier than paying out. I am not the only person to experience a problem with this company as I am aware they're not good at giving people the correct pay. (I feel like I'm trying to get a sympathy vote which is not correct).

OP posts:

Original poster

KeishiaKitten · 20/09/2017 11:52

Yes, they replied it was as I did not pick up a shift in 6 months, the girl on Maternity just before me had a full 9 months. I always thought they needed to send a letter or something to inform me. Or at least have wrote a date for after that 6 months instead of November last year, as I had not quit.

OP posts:

LIZS · 20/09/2017 12:06

If you went on ml last November you have had 9 months leave not 6. You are entitled to up to 12 months though. You only need to give notice of your date to return. What is it they want repaying, MA is separate and if 0 hours you weren't paid if you didn't work.

bunningsbunny · 20/09/2017 12:13

have you got legal insurance as part of your house contents insurance? They might be able to help.

Citizens Advice Bureau is also worth investigating.

I would also start trying to get things down in writing - firstly by writing down all you can remember about trying to get things sorted before you left, in a date order format, very factual - like

March 3rd - Approached Joe Bloggs to sign forms, was told he was too busy and to try later
March 4th - Spoke to Joe Bloggs who said he would sort out the forms I needed

_ March 7th - Spoke to Joe Bloggs to ask if he had sorted out the forms but was told he was still sorting them and so on.

As well as that, i'd send them an email along the lines of what you've said above, and point out that you have been treated very differently from your colleague who was pregnant around the same time, for which no explanation was ever given.

Good luck

Original poster

KeishiaKitten · 20/09/2017 12:18

Yes, I have. I was going to back up for a start day after everything had settled with my move and getting back into a routine with the kids so I knew my free days, I then received the p45. We did not discuss a back to work date as the month or so before when I started to make maternity arrangements I hardly ever saw them and when I did they wouldn't stick around and told me they would sort it. It is my working tax credits I recieved I have to repay and it's understandable i know as they now think I just left work in November and carried on claiming, they are taking it from my child tax as it is all I am receiving right. When I spoke to hmrc before I went for maternity about what happens to my working tax they said as long as I ring them at the end of my maternity to say whether I am going back or not then everything is fine until then.

OP posts:

Original poster

KeishiaKitten · 20/09/2017 12:21

Bunningsbunny thankyou I will do that. Fingers crossed! It seemed like the perfect job when I first took it lol I was so happy!

OP posts:

1stTimeRounder · 21/09/2017 22:18

@keishiakitten check out pregnantthenscrewed.com they offer free legal advice to women who have been dismissed from work or had similar issues relating to pregnancy.

It really sounds like you've been screwed over and that they were doing it right from before you went on leave. Contact their helpline and get some advice asap.

Good luck

MGFM · 24/09/2017 07:50

It is hard to follow your posts as it is all a bit mumbled but do you mean you went on maternity leave without actually sorting out maternity leave? So you just stopped going to work? What happened with the Mat B form you get from the midwife? Did you hand it in? So essentially as far as you are concerned you are on ML and as far as they are concerned , you just haven't bothered to take any shifts? They are obviously at fault but you shouldn't have given up getting the paperwork sorted

Original poster

KeishiaKitten · 25/09/2017 08:31

Well they recieved a phone call and I assume it put up some worries as I am now waiting to be put back on their pay role and have been formally apologised too. Thank you for all your help

OP posts:

LoveProsecco · 26/09/2017 20:58

That’s great!

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