Can they do this?

[user1470064958]

Hi I'm new to mumsnet and a new mum and am desperate for some advice?

I left my work last May around 8 months ago to have my DD.

I was employed at a restaurant before baby where I had worked for 2 years, I always was assured I would have a job to return to if I wanted to and although I never had a contract my maternity allowance paperwork was filled out with good grace. During the time working there I did every Thursday and Friday night.

DD was born in June and a did a shift casually in August as they were short staffed. Late September I tried to arrange some shifts at the end of October to start up again doing a night a week.

As a response I was told I could have a great reference so glad I was well etc etc but they didn't need my staff at the moment . Since this they have employed other people whilst never offering me the available shifts. I was also removed from the staff Facebook page.

All in all it's been sh*t as I loved the job and thought I had a lot of friends there.

So the question is legally can they do it as I worked there for such a long time and they filled all my maternity allowance paperwork confirming my hours over the previous year. I'm wondering if I had any rights and if there's anything I can do at all really?

Sounds extremely dodgy. It seems they have made you redundant, but hired other staff so you may well be looking at a maternity discrim case. But with no paperwork etc it's complex so you really need to see a solicitor.

Maternity Allowance is a government benefit paid if you don't quality for Statutory Maternity Pay. The gov.uk website says you wouldn't be eligible if you were a worker not an employee. My feeling is (and I am not an expert by any means) you have been classed as a casual worker. There was no job being held open for you, they just indicated verbally they would offer you shifts (something they've now reneged on).

I'd suggest confirming it with Citizens Advice, and/or just asking them why there are no shifts when they're hiring other workers.

Agree cab worth seeing first. If you have evidence of regular working pattern ie. Pay slips or tax forms you would be an employee and entitled to maternity leave of up to a year. However if the hours were variable it might be deemed a zero hours contract and therefore they have no obligation to offer any shifts. The August shift would be deemed a "keeping in touch" day of which you are allowed up to 10 without affecting entitlement to maternity pay (smp or ma).

Thank you so much for the advice/ thoughts ladies. Going to my local citizens advice tomorrow and really hoping for some clarification on the situation. My maternity allowance ran out last week which is why I've left it all until now and just tried to enjoy the time with DD before worrying about money

Have taken advice from Citizens advice and advised I would have a case for a maternity discrimination tribunal but have decided to not put myself and family through the upheaval of it all.

As my mother said you'd hardly want to work somewhere where they treat the staff like that....

I'd be tempted to make sure they find out on the grapevine that you've taken this advice. I can understand why it's not a priority for you to pursue it when you need to get on with finding other work, but it's awful that they can get away with it.

I remain friends with several other employees one of who I even made DD's godmother, but since being made redundant after 2 years of working there I have found these friends insensitive and albeit a bit heartless to my feelings. I genuinely care for them all but feel as if I am being reminded of all the bullshit everytime I see them such as the work place politics and gossip. Something I am no longer part of.

I always wanted to go back to work so understandably am really hurt by the whole situation

I just don't know what to do, do I continue seeing people who clearly are completely unaware of how much I don't want to hear about the sodding place,

Or do I say something? Or stop seeing them...

It's a really cliquey place and I get the impression they are just glad it wasn't them 😒

OP- I think you'd have a case and it would be worth raising it via ACAS to try and get a settlement.

If they don't settle and you decide not to go to tribunal you've not lost anything. But if they are in a weak position they may offer you some ££££ as a settlement. You'd be mad not to try and at least get some money out of them IMHO. If they've treated you badly, they deserve a financial penalty - it will make them think twice before doing it again.

Even if they don't offer a settlement and want to battle it out, receiving the call from ACAS to discuss will surely make them sweat!

Definitely get ACAS involved. You've nothing to lose!

Fair enough if you find these people toxic and don't want to go back after all of this but you have been treated unfairly and unlawfully. You don't have to go to tribunal if you don't want to but you have nothing to lose by pointing out unlawful they have been. They will unlikely want to go to tribunal either. Acas will be able to help with this and a letter is probably the first step.

I've spoke with ACAS today and they were wonderful really concise and helpful.

I will be taking more action as the more I say it back to myself the more I realize I can't just let them get away with it.

I've been advised to send a letter or email detailing my issue with them, asking for notice pay for a two weeks which id be owed or I could take the issue further.

Personally I'd like my job back but feel like there would be constant bad blood from it.

Since you have been there how many staff changes have there been? If you did go back then perhaps you may outlive these people?

I have since sent a letter pointing out the discrimination and unfair treatment I feel I received and that they in fact owe me holiday pay or a redundancy settlement. This was last week I await a reply from them currently.

A "friend" is a staff member hasn't spoken to me since the letter was sent so I think it is subject to discussion although I requested it be private and confidential.

Also oddly enough the businesses instagram account has just requested to follow me so I imagine some nosing is going on perhaps.....