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Original poster

Resignation after AML

6 replies

zarabootoo · 21/03/2006 10:19

I have now been off on maternity leave for almost 11 months. The last 5 months has been unpaid however i have received a bonus in this time and also sold some shares which were granted to me 3 years ago (the type where after three years you can buy the shares for what they cost then or sell them and keep the profit). My question is that if I now resign do they backdate my date of resignation to when my SMP stopped? This would mean that since both of these payments have been made since that time I am not entitled to the money? Would I have to pay it back? Hope this makes sense to someone.

OP posts:

wannaBe1974 · 21/03/2006 12:37

It's possible that you will have to pay back any bonus/other money you were paid while on maternity leave. If you have a staff hand booklet which contains your terms and conditions of employment, you should check this to see what it says about maternity leave. A lot of companies require employees to either work a month's notice, or to repay any moneys paid while on maternity leave. As for shares, I'm not sure about these, as you were given them 3 years ago, they would most likely have been in your name, the pay out would have happened anyway, and it's likely that you would still have been entitled to this payment even if you'd left the company.

hth

Original poster

zarabootoo · 21/03/2006 13:03

Thanks for the response. This is what I thought. I suppose I'll just have to let them know I'm not going back and see what happens.

OP posts:

clerkKent · 21/03/2006 13:08

I don't see how they can backdate your date of resignation, or ask for any money back. It is illegal to withhold salary due to you without your express permission, so I can't see how they coudl get the money back anyway unless you give them a cheque. Are you intending to work your notice, or use the last part of AML for your notice period? Do you have any accrued holiday (it continues to accrue during statutory maternity leave)? Check your contract - it may accrue during AMP as well.

Original poster

zarabootoo · 21/03/2006 13:29

I do plan to use the last month of AML as my notice. I think I do accrue holidays also during this period and should have a couple of weeks at least. The problem is that I work for a bank and have my current account with them so I wasn't sure if they could just take the money back out.

OP posts:

clerkKent · 21/03/2006 17:07

It would breach all sorts of banking regulations if they just took money out of your account. They would be fined heavily by the FSA if they did such a thing - really it would be unthinkable for them.

clerkKent · 21/03/2006 17:27

... it is also enshrined in the Employment Rights Act.

- (1) An employer shall not make a deduction from wages of a worker employed by him unless-

(a) the deduction is required or authorised to be made by virtue of a statutory provision or a relevant provision of the worker's contract, or
(b) the worker has previously signified in writing his agreement or consent to the making of the deduction.

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