Maternity leave and resigning

[Natalie2900]

Not sure if this is the right place to post.
Basically I told my employer I'm pregnant finally at 21 weeks!! I've been so afraid to tell him as I've pretty much been pregnant since I started. I don't qualify for SMP because I haven't been there long enough. I told him I'd work with him on when I go on leave etc to make it easy as it's a small business.
He asked me for a chat today and said that he wanted me to start my leave as soon as so he could employ somebody in sales ( I knew this would be the case anyway as we are going into sales and none of us have experience )
Anyway he basically said he couldn't hold my job open for me so when I go on maternity leave I need to had my notice in. Obviously I know he can't say this. And to be honest I cannot stand the bloke and would leave now if I could and go work somewhere else.. I am no way planning on going back there once my maternity leave has finished.
So my problem is, do I have my notice in a month before I go on maternity leave or do I tell him a month before I'm due back to work? I'm worried if I leave my job it may effect tax credits ( if we get them ) or Even effect my maternity allowance pay? Ofcourse I want to get as much as we are entilted to because we will be £400 down a month when I'm on leave.
Sorry I'm rambling.. all I really need to know is, is it better for me to keep the job there so I'm "employed" or just leave when I leave for maternity?

You'll lose money by resigning before you go on maternity as you acrue holiday whilst on maternity

I would wait until you are eleven months into your maternity leave (assuming you only need to give a month's notice) as you will accrue annual leave whilst you are on maternity leave.

You sue him for sex discrimination (pregnancy discrimination) as he cannot do this:

www.maternityaction.org.uk/advice-2/mums-dads-scenarios/pregnant/pregnancy-discrimination/

Please seek legal advice immediately.

He basically wants me to resign on the day I go on maternity leave. So I'm basically saying once I leave I don't intend to come back. Which I don't want to the man is a jerk! ( as you can tell ). But I've read all sorts about NI contributions etc . Does that still have an affect if I'm not paying SMP and get maternity allowance?
So awkward! I work in a small office and I'm still in a 6 month probation I'm
Worried if I piss him off he'll find some sly way to fire me! And if he doesn't that I won't get maternity allowance either! I don't want it to get messy and I get stressed it's the last thing I want.

Don't resign!
Take the full maternity leave you're allowed to and hand your notice 1 month before you go back. You could be entitled to wtc but only if you're employed, maybe some other benefits too, plus you'll accrue annual leave which he'll have to pay you.

For maternity allowance you have to have been employed for 26 of the previous 66 weeks, and it doesn't have to have all been with the same employer. When you apply they'll ask you to send payslips for 13 of those weeks so you need to send the 13 weeks when you've earnt the most as that will elevate your weekly entitlement (the maximum you can receive is £140.98)

I've been through similar with my employer - they changed everyone's shift hours a few weeks before I went into maternity leave, by doing so they've made it impossible for me to return after ML so there are ways for employers to work around the 'discrimination' but what he's trying to get you to do is illegal.

Give acas a call, they'll be able to give you more specific advice.

Please call Acas for advice. What he told you was completely illegal!

*Don't resign before you leave.
*
You accrue holiday etc when you are on maternity leave.

Also, if he asks you this again, make it clear that what he's is asking you to do is illegally. He is legally bound to keep your job open or, at least a job with the same contracted hours etc. You need to tell him that you will not be resigning, you will taking your maternity leave and if he fails to keep your job open, you will report him and it will go in your favour because it is illegal to threaten the termination of a woman's job due to the fact that she is leaving for maternity.

Are you a member of a union at all?

I told my employer that I was returning after my maternity leave even though I had no intention of returning. She emailed me on the day of my last maternity pay and I told her that I wasn't returning. I wanted to use up the holidays I'd acquired too but I just wanted to cut ties at that point as I'd had some unfair treatment during my pregnancy and while on maternity leave.

In terms of your employer 'requesting' you hand in notice before maternity you need to get as educated as possible. HR told me before 12 weeks that until I gave them notice in writing that they would not acknowledge my pregnancy. I Googled and researched and went to him with a pile of printouts on laws and legislations. He obviously did the same and there was a bit of a 'debate'. Anyway in the end I point blank refused to cooperate and they agreed to do the health and safety assessments.

The laws and legislations are in your favour. Try and get hold of the company's policy on pregnancy (mine didn't even have one).