On Mat leave - business transferred - saying I am not their employee?!!

[FoofFighter]

Previous thread for some background:
www.mumsnet.com/Talk/employment_issues/1751433-Maternity-TUPE-business-closing-p45s-HELP?msgid=38961270

What happened after that is that the business stayed open for another couple of weeks, and we all stayed working and the brewery put a management team in during the middle of June, on the Sunday we were given our p45s from the old employer, and the next day the brewery team were in place.

I also started my Maternity Leave on the same day they took over. I get MA rather than SMP due to workign part time, not enough earnings.

All the members of staff were invited to a meeting that afternoon, I turned up was told I wasn't needed as I was on matnerity Leave, new boss told me to leave, sat back and wouldn't continue till I did. Not exactly a great start All members of staff who wanted to stay stayed on with new team. Presumably under TUPE regs? None of us were given anything in writing to say what was going on.

Anyway fast forward to last night, when I qureied with the new folk as to why I wasn't getting any payslips since going on ML, and could they chase it up please. He seemed very surprised that I actually considered myself as being employed by them/brewery!

He said oh as far as we are concerned your job is there when/if you want it but you are nothing to do with us any more as you are not paid SMP by the company.

I was slightly flabberghasted to say the least!! And couldnt' say too much really as there were people around and I admit I was in danger of losing my temper. I did manage to splutter out about trasnfer of business regs and maternity rights and holidays that should be accruing etc he says he will look into it. He's not got any documentation about my maternity stuff - when I am due, when I left, when i should be due back etc etc as that obviously went to ex employers and they have only passed on our contracts to them (he did show me he had a copy of my previous contract so it's not as if they never knew about me!)

He says he will look into it.

I don't have any worries that this is being done out of any nastiness, purely ignorance of the law but still, I am fuming.

Any advice/links? EDD is tomorrow and I could do without this all hanging over me!!

www.mumsnet.com/Talk/employment_issues/1751433-Maternity-TUPE-business-closing-p45s-HELP?msgid=38961270

clicky link sorry

bumping

That's awful. I can understand why you don't want it hanging over your head. But I have no expert advice so bumping for you. Would this be something CAB could help with?

I would call the acas helpline and check your house insurance for legal cover you probably need some advice do they have a hr dept at their head office

if they dont pay you may habe grounds for unfair dismissal how long have you worked there if its less than 2 years you might have a tougher time sorry

You are not expecting pay from your employer are you, if you're on MA? What payslips were you expecting?

You are comfortable it's not malicious so I think as your boss has reassured you that your job is waiting for you, you are (presumably) getting your MA and he's gone off to look into the whole TUPE/mat leave thing, there's no immediate need to be thinking about further action.

Has he said when he'll get back to you?

I just assumed like when you are on SSP that you'd still get a payslip showing the MA?

As it stands I have been given p45 from the old bosses, and nothing at all whatsoever from the new guys, to show that I am employed there still and that my job is being held for me, what will happen if again it's taken over by someone more permanent before I go back ,will I be left behind and in the dark again for instance, hence my concern. I don't know how much holiday I will have accrued by the time I am due back etc either.

I didn't think that was unreasonable of me?

Getting back to me in due course...

Icecubed, the money isn't the issue, that;s sorted out direct with me and the govt as it's not SMP but Maternity Allowance.

Wouldn't exactly say am reassured by the boss saying that either after his initial shock that I thought I was employed by them.

Of course it's not unreasonable of you, who said it was?!

There's no reason for you to get a payslip if they are not paying you anything.

You've raised your concerns, he's checking it out. If he doesn't get back to you soon or comes back and wants to deny you your rights, then we can talk about what you need to do.

Foof, I'd see if there's anything on the ACAS website - they may have some useful information for you.

I would be very worried at an employer who thinks you aren't an employee because you are on maternity leave, wtf?!