Asked to leave without any maternity pay when I have baby

[manhattantophat]

Well what can I say ... to keep a long story short, last week my boss called me on my mobile to tell me he couldn't deal with having a pregnant person in the office in his line of work and that I should just leave when I go on maternity leave and if I expected maternity pay, that lawyers would have to be involved and that he definitely doesn't want me to come back. I have been working there long enough to qualify for SMP etc. and am now 23 weeks pregnant.

This is was the last straw for me in a long line of inappropriate behaviour from him. I now have a solicitor involved and fortunately many of the things he said were over email too so I have written evidence.

My doctor signed me off sick for 2 weeks but I just can't see how I can go back to this environment. Especially when he gets the solicitor's letter. Should I just keep returning to the doctor's and getting signed off? It makes me stressed and anxious just thinking about it. And does anyone know what happens with sick pay / maternity pay if I am already off sick? How long will I get my salary before, before it will be reduced to sick pay (bearing in mind that I have no contract and there is no HR person in this office to ask). I will go to citizen's advice once more but wondering if I am alone in all of this - I feel like I am living in an episode of Mad Men ...

What a horrible situation for you. As well as CAB you could also speak to ACAS. I don't have any advice, sorry but very angry for you. Rest assured the laws about SMP and leave are in place to protect you from tossers like your boss. Take care.

He is truly a tosser :) I am told ACAS are only good up to a certain point and we have gone beyond that - but I haven't spoken to them yet and will do as soon as I can ...

Speak to ACAS, get legal advice pronto.

Keep a diary of EVERYTHING your boss says

Just a thought, but check your home insurance policy - many of them include legal expenses cover that will cover you for employment claims. Call the insurance company asap and see if you have this cover, then you can get legal advice, help and representation for free.

He sounds bloody awful - what a dinosaur! I hope you get some decent support in this situation.

Here is a useful leaflet about sickness during pregnancy.

Without a contract, it is difficult to say how many days sickness you are allowed, i.e. I can have 20 days sick per year and still receive full pay, but above that I would receive Statutory Sick Pay. Your Maternity Leave can be triggered at 36 weeks if you are off sick due to a pregnancy-related illness, but I wouldn't have said that this falls under this?

This is what really upsets me about small companies with no proper HR, they think they can get away with things like this

How awful. For a start, the GP may well sign you off for stress longterm if you explain the environment you would be going back to and the stress it would cause you, but definitely think you need to get the facts first to check you don't jeopardise SMP

Sidebar - what a dick! And also stupid! Fancy threatening a pregnant woman with lawyers...and putting it in an email

V glad to hear you called his bluff and got a solicitor. They'll have a field day with him!

Have you looked on DirectGov re: your rights as an employee and as someone going on maternity leave?I'm pretty sure it covers what happens if you're off sick before your maternity leave starts.

While having a written contract helps, not having one makes no difference to your rights to maternity pay and sick pay. You're still an employee. Try the ACAS website too.

I used to be a union rep before going freelance because of crap behaviour like this and I'm fuming on your behalf.

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Your boss is a moron. Get signed off sick because you CANNOT work with that. The stress is undoubted and won't do you or baby any good. Get signed off and push your solicitor to make the biggest, quickest settlement you can. You will qualify for maternity allowance in any case btw and I think he may be forced to pay you SMP even if he doesn't want to but I'm not sure about that. The sick pay - that will be in your contract as to how long you get full pay for. Tbh the sort of git that just decides they won't pay maternity pay probably won't do great on sick pay either - breate deep and let your solicitor savage him till he doesn't even have an egg cup to errrrrrr urinate in.

What an absolute bastard!

My understanding with regards to sick pay etc IOU ask is that until you are 33 weeks pregnant sick pay etc is as if you are a full time non pregnant employee. After 33 weeks you can be forced to go on mat leave and your mat pay starts. The only thing I don't know us how it would affect your 90% bit of salary if you are on Stat sick pay but it's probably a moot point as he is clearly discriminating and breaking a million laws

As others have said try Acas or www.direct.gov.uk

Just read you are 23 weeks. After 29 weeks he is obliged to pay you SMP even if you are made redundant or similar

Wow thank you so much for all of the advice. It's heartening to have this support. I will try ACAS - I have scoured the directgov website all I can for the meantime. My solicitor is aware of everything and is going to put together a really strong case for a settlement. He would be even more of a fool to go to tribunal but who knows - he changes his mind like the weather.

I know that even without a contract, as I am on the payroll, I am still an employee and protected under English law. It's just a bit of a grey area now. Once he gets the solicitors letter he may fire me completely or I am sure he will try to stop my pay at some point - but then I guess that will just bode in my favour.

The most important thing in all this though is for you to get away from a toxic person, let any of his calls go to voicemail, surround yourself with lovely supportive people and look after yourself and your baby. Good luck.

Speak to Maternity Action too. Everything he's doing is illegal.

What a dinosaur - and what a horrible person to work for!

He may not know this, but your maternity pay doesn't actually come out of his budget. He just has to administer it - and he absolutely does have to as this is how you achieve an unbroken National Insurance record. However, the government will refund him the money.

Don't get too stressed about this, keep calm and focus on your baby.

The case will probably never need to get to court as it is such an open and shut case. Your solicitor can write to him to lay out the evidence and inform him you will be suing him, and if his legal advisers have any sense at all they will advise him to settle out of court and you will have a nice lump sum to spend on your baby - you can then get a job with a less horrendous person once your baby is old enough. All will be well, so don't fret - you need happy calming thoughts!

Thank you everyone - this is certainly a great help to have this support too. I will contact Maternity Action today - I think you are right ChuggaChuggaChooChoo - the case is pretty straight forward. He could drag out his response to make my legal fees higher but that's about all he can do and as I understand it if it were to go to tribunal this has to happen within 3 months of the grievance being submitted.

I am planning to start some pregnancy yoga next week - which I am sure will help me to remain calm. I just have to keep reminding myself I have done nothing wrong here ....