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Disciplinary Whilst on Maternity Leave

3 replies

octotunes2010 · 13/08/2010 21:35

Hi.
I have today received a letter from my Company saying that I'm required to attend a disciplinary hearing next week due to an email I received from a colleague. I am currently on additional maternity leave which is due to finish at the end of October and therefore returning to work in November. Can I request that the disciplinary hearing be postponed until I return to work? Also, I'm also seriously considering not returning to work as I'd rather take care of my child, so was therefore thinking of resigning a month before the end of my maternity leave to ensure I gave my employer the correct amount of notice. However, due to this ridiculous disciplinary issue, can I resign now in order to avoid having to attend the disciplinary hearing and still be paid the full 39 weeks statutory maternity pay and accrued holiday pay?

Many thanks for your help.

OP posts:
MaryMotherOfCheeses · 13/08/2010 21:39

I'm not sure what the rules are with regards to resignation, but when I was on maternity many moons ago, you had to pay some back if you resigned.

I'm more concerned that you're being disciplined because you received an email???

hairytriangle · 13/08/2010 23:32

Um bit sure what you mean . You are being disciplined because if an email you received?

seeyoukay · 17/08/2010 17:08

Octotunes is probably being called as a witness am I right?

You only have to pay back the the additional maternity pay if its written in your contract but you get to keep the SMP and holiday either way.

You can resign, though I think you have to give 8 weeks notice if you intend to change your return date. Not sure if leaving counts as changing your return date.

As regards to the disciplinary. Just tell them you are on maternity leave and you'll deal with it on your return. They can't force you to come in.

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