No job to return to?!

[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? 

You worked there for TWO years and never had any kind of contract? I'm not 100% on current employment law but that's not right. You are also afforded additional rights when on mat leave.

If you've been dismissed while on mat leave, you must have a reason for this in writing - and there are other glaring holes in what you've written here. I'd advise you to get this moved to somewhere like AIBU - for traffic and advice. In the meantime, start reading this to get a general understanding of what should happen.

I'm sorry that you're having a shitty time - but it does sound as though you have been unfairly dismissed (I am not an expert in that field, just voicing my thoughts.)

Did you effectively have a zero hours contract?

Some advice that might be helpful -

www.maternityaction.org.uk/advice-2/mums-dads-scenarios/pregnant/zero-hours-contracts-maternity-and-parental-rights/

As a starting point, you need to determine if you had a zero hours contract and if you were a worker or an employee.

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 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.....

Whether you want to go back there tonwork or not I would persue the unfair dismissal if you have a case. I think people get away with this shit because we let them so stand your ground :)

This happened to me. Was deleted from Facebook of colleagues etc. It was horrible.
I settled outside tribunal, through acas.

I don't think you'll get any redundancy pay, a company doesn't have to pay any until you've worked for 2 years. Then I believe the minimum its a weeks pay per year you worked after the initial 2 years. If you didn't have an official contract were you cash in hand?