Dismissed while on maternity - help

[whatthefudge2020]

Due back in work next month.

I’ve just checked my tax code with HMRC and they’ve been informed that my employment ended a month after I left for maternity leave.

The only thing I can think is I’ve been f**ked over by my manager

I wasn’t entitled to maternity pay as weren’t with the company long enough but advised them that I wanted to take the full 52 weeks maternity leave and return on ... date.

I had a meeting with my manager before I left who filled out the HR forms and took my MATB1 form who then said they would send the pack to HR.

The only thing I can think is they never sent the pack and I’ve been on maternity leave completely oblivious

The worst thing is this manager has been in touch throughout the year keeping me updated and has arranged my retraining for next week. Surely they would know theoretically I’m no longer employed! I’ve asked him for login details and passwords ready for my return next week but he keeps ignoring my request just saying see you next week.

I feel like I’m being strung along! Payroll informed HMRC I was no longer employed a month after I left.

It sounds like an error, call them and ask what's happened.

If I ring payroll and they say I’m no longer employed I can’t exactly turn up for work can I

Definitely get on to your payroll dept ASAP just to see if it’s just a mistake, sounds like it probably is if your managers kept in touch with you throughout your leave. Your manager or HR dept would have needed to inform you in writing of a dismissal and given you the reasons. Pregnancy or maternity leave isn’t a valid reason to dismiss someone, they’d be breaking discrimination laws if they do that (I work in HR). It’s possible it’s just the way it’s reported to the HMRC as you’re not receiving any pay.

Phone up first thing - it must be an error

Did you get a P45 through the post? If not I also vote error.

I don’t think your manager would keep in touch and arrange training if you had been let go months ago. That’s just too cruel and a total waste of their time!

You need to get in touch with your manager asap.
He should be liasing with payroll/HR, as if you have been dismissed or about to be re employed he will know about it. Or if it's an error he needs to tell them.
Haven't you been receiving payments from them throughout maternity? The SMP part?
Did you receive any payslips during your leave?

No payslips at all but all payslips go through to work email and I don’t have access at home. On the phone to payroll now trying to get through but on hold, no idea what to even ask, if they say my employment has ended I’m going to be like ....ok.

I would contact citizens advise. They will be able to either help you or get you in touch with someone who can help you resolve this.
They can not terminate your employment without notice. If you have all correspondence between you and them available get it printed out or collate in to digital copies so it's ready as evidence that you did all the right things.

@whatthefudge2020

No payslips at all but all payslips go through to work email and I don’t have access at home. On the phone to payroll now trying to get through but on hold, no idea what to even ask, if they say my employment has ended I’m going to be like ....ok.

If they say your employment has ended, ask why and ask for a copy of the instructions they received. Then phone your manager.

It does sound like an error. It would be strange behaviour for a manager to stay in touch and be telling you to come in if she/he's let you go. It would have been much easier for them to just send you a letter or have a phonecall letting you go earlier. It's going to be awkward to have you come in when you don't work there anymore.

Hopefully it's an error but if not, contact Maternity Action, the UK charity which helps with work place issues in pregnancy. Wish I'd known about them in my day!

Were you claiming maternity allowance?
Did you never get written confirmation of your maternity leave period and when you were due to return?
They should have given you an SMP1 form so you could apply for Maternity Allowance

They can't just end your employment and you are more protected on maternity leave than if you weren't. Hopefully its a mistake rather than them acting unlawfully

Hi everyone, thank you for all your replies.

Apparently it was a mistake, they closed payroll with HMRC to save sending through 00’s every month as I wasn’t getting paid anything. I asked whether my continuous service would be affected and apparently it won’t be.

They gave me the details of what I’m due to be paid in January over the phone and are adding on extra payments from holiday etc owed so apparently I’m still employed and am due back.

Thats good that it was a mistake. Were you eligible for maternity allowance?

Yes had my maternity allowance payments without issue.

@whatthefudge2020

Hi everyone, thank you for all your replies.

Apparently it was a mistake, they closed payroll with HMRC to save sending through 00’s every month as I wasn’t getting paid anything. I asked whether my continuous service would be affected and apparently it won’t be.

They gave me the details of what I’m due to be paid in January over the phone and are adding on extra payments from holiday etc owed so apparently I’m still employed and am due back.

Excellent. Now email HR an summary of the conversation and ask them to confirm it. You need this in case of future redundancy.

Phew!

I second @thatwentbadly's advice - get it in writing and keep a hold of it, just in case!

Sounds like payroll/hr have no idea what they are doing.
But glad it's an error and you still have a job

Well, it's great you've not been terminated.

But what's this nonsense about holiday pay? They mean that you can take your accrued paid holiday, presumably? Because you have a legal right to that.

What a shower they are! I've worked in HR over twenty years and I've worked for some employers with shit payroll, and yet no-one has ever managed to accidentally terminate someone on mat leave!