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Can anyone shed some light or talk sense to me. feels very deceitful and uncomfortable.

5 replies

jimijack · 02/01/2014 10:50

I'm coming to the end of a year's mat leave.

For various reasons I am not able to go back to my job so I have found a new job.

I am owed all of my annual leave for the year I have had off, I'm tagging it onto the end of mat leave.

Thing is I'm not starting my new job until mid Feb so not handing my notice in till mid Jan.

I've just written to my current job with my intention to return and the date I'm due back. This is what makes me uncomfortable and feel deceitful as I will not be going back.

I am told that it's perfectly ok to do this. I am giving a month's notice, my mat cover lady is in post til April so I will not be leaving them in the lurch.

Is it ok though?
(Won't have to pay back mat pay as its all within the NHS )

OP posts:
Marrow · 02/01/2014 10:59

I don't understand why you have told them you're going back if you're not?

WoodBurnerBabe · 02/01/2014 11:10

She has to give notice to return to be able to start taking the holiday pay. As she has to give 8 weeks notice to return, then possibly 5 weeks holiday to take, but only needs to give 1 months notice, you have to do it this way.

OP, I did this, but I ended up not having a formal offer from the new company in time. So I ended up giving notice after I had been back 1 week.

So I officially returned on 6th August, having given 8 weeks notice. I had 4 weeks leave owing so my return to work date was 10th September. I saw new perfect job advertised on 27th July and applied, but didn't get an interview until 4th September. Offer was made on 17th September, so I then handed my notice in. I'd had 4 weeks holiday and worked for 5 weeks when I left.

I did feel bad as well, but you have to do what's right for you. There is nothing stopping you telling them early though, they can't sack you and they still have to pay the accrued leave...

WoodBurnerBabe · 02/01/2014 11:12

And if the new job falls through, you want to be able to go back to it, therefore you need to have given the required 8 weeks notice.

Do you have a formal unconditional job offer? You can give more than your contractural notice, just not less...

jimijack · 02/01/2014 14:15

Thanks woodburner. Having worked in the same place for over 20 years I feel very committed to not causing them any problems or inconveniences. It has been my life for a lifetime.

A job I have absolutely loved and got so much happiness and joy from. I have given 110% the whole time of being there.

It's a wrench but as you rightly say, it has to be right for me and my family. And, it is the right thing.
I only have to give one months notice.

I do have a written job offer yes. It's perfect.
Just feel uncomfortable.

OP posts:
WoodBurnerBabe · 02/01/2014 15:59

I had been with my employer for 9 years, and some colleagues were close friends as well. I changed for career path reasons as well.

You can give more than your contractural notice - so you could say I'm leaving on X date, stay on mat leave until that date (assuming you are still in your 52 weeks) and then just ask them to pay accrued holiday pay in your last payslip?

It is a horrible wrench. And I was shaking before I have my notice and I cried while doing it. But it was the right thing to do, legally you are doing nothing wrong and leaving following maternity leave is very common.

Best of luck with the new job!

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