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Original poster

If I give my employer additional notice that I intend to resign at the end of my maternity leave can they make me leave earlier than planned?

29 replies

INeedNewShoes · 27/11/2017 07:25

I took a full year's maternity leave, due to return to work in April.

My department is currently being restructured and because my job is due to change I have to go through a consultation process. I really can't be bothered to do this so I'm wondering about informing them now that I don't intend to return at the end of my leave in April.

My SMP finishes in January anyway but I took the full year's maternity leave in order to be able to accrue annual leave for as long as possible for which I'll be paid when my leave comes to an end.

Am I at risk of not getting my full year's annual leave paid if I tell them now that I don't intend to return?

Thanks for any advice!

OP posts:
Wishingandwaiting · 27/11/2017 07:26

Quite possibly your role will be made redundant during this process.

If you don’t do it you would miss out on redudnacy pay out

Original poster
INeedNewShoes · 27/11/2017 07:30

I've been told my job isn't going to be made redundant. There are three new roles for the three people with my current job title but they've made one of them a more senior role (one of the others is a good friend of my boss) which is why there's a process to go through.

OP posts:
meditrina · 27/11/2017 07:39

If you don't want to return to work, can afford to do so (and have the level of legal underpinnings with which you feel secure, before reducing your earnings/prospects) then that's the choice you should be making -irrespective of restructuring

Sunshineboo · 27/11/2017 07:42

Without making you redundant, they cannot make you leave earlier unless I guess they make you redundant. But that would be tricky to do. Have you it in writing that they don’t wish to make you redundant?

Have you received any occupational maternity pay? Wherever I have worked, if you leave within 3 months of the end of your maternity you have to pay it back. Is it the same at your place?

If I i were you I would start to talk to them about it in language of “I am thinking of not returning after maternity leave” and find out the situation re your OMP etc. It may be that they offer you a package on top on holiday pay for you to go earlier as they will want to embed the restructure I would imagine. Hope this helps

Original poster
INeedNewShoes · 27/11/2017 07:54

I didn't take my employer's enhanced maternity pay as I was fairly sure I wouldn't want to return, so there's nothing to pay back and I have my own business which I intend to expand to make up my earnings.

But I do need to make sure I receive payment for the full year's annual leave accrual as it has formed part of my calculations.

I don't really understand the 'legal underpinnings' bit meditrina?

OP posts:
Marcine · 27/11/2017 08:00

What will you gain by giving more than a month's notice?

abbsisspartacus · 27/11/2017 08:03

They might appreciate you giving them a heads up so they can recruit

Spam88 · 27/11/2017 08:10

I don't see how they could force you to leave early. I didn't think you could be made redundant whilst on maternity leave anyway, or have I totally imagined that?

Original poster
INeedNewShoes · 27/11/2017 08:15

Marcine - I will gain not having go through this consultation process which is requiring me to be available for meetings when I have a 6 month old baby to look after.

Abbsis - if I trusted them to honour my full year's annual leave if I give advance notice then I'd be happy for them to have the full picture and get on with it.

Spam - I think it is possible to make someone redundant whilst on maternity leave. If they gave me redundancy pay that would be fine by me anyway as it would be equal to the payment I'm expecting for my accrued annual leave.

OP posts:
Marcine · 27/11/2017 08:18

They can't make you attend any meetings while on leave though?

Original poster
INeedNewShoes · 27/11/2017 08:26

They've agreed to do the meetings by phone which is helpful but still requires me to find childcare because my baby can't be trusted to keep quiet for half an hour!

OP posts:
timeisnotaline · 27/11/2017 08:27

You can be made redundant on mat leave. If you say your plans in an email or anything which could be rephrased as a formal discussion they could take it as resigning so then you would be out. They might be keen to do this as they wouldn't have to pay you redundancy. You know your work best but the safest approach for you is to go through the process . Take your baby, insist on reasonable timings?

RoryItsSnowing · 27/11/2017 08:28

They can't make you do the meetings even over the phone- you're not required to be available for work at all during maternity leave.

Original poster
INeedNewShoes · 27/11/2017 08:38

I think they can expect meetings for restructure reasons...

OP posts:
timeisnotaline · 27/11/2017 08:41

If you don't want the job, don't find childcare for the meetings! say your childcare fell through.

Marcine · 27/11/2017 08:47

They can make reasonable contact with you about your return but meetings that require childcare sounds beyond reasonable to me. I would take advice on that - try www.maternityaction.org.UK - they have an advice line you can call.

ememem84 · 27/11/2017 08:49

Re accruing annual leave. I think (but don’t quote me) you will only accrue for the time you’re off. Eg I had 11 days of my 29 day allowance owing to me when I finished work in September for mat leave. So have been paid for those 11 days. In my contract i don’t accrue annual leave for the period I’m off next year (jan to May).

Check what your contract says. If you will accrue al while you’re off then they should pay it.

ohlittlepea · 27/11/2017 08:51

did you get enhanced maternity leave or just smp? if more than smp.most companies have a position that if you do not return for 3 months paid work then you have to repay the enhanced leave. Worth checking before you resign xx

yowerohotesies · 27/11/2017 08:51

They are absolutely not allowed to require you to be available for meetings during maternity leave, even for restructuring reasons.

What they MUST do is make every effort, accommodation and reasonable adjustment to allow you to take part in these meetings because excluding you from the consultation process would be discrimination.

However you can choose not to participate. They have told you there are 3 roles for 3 people and that you are not in danger of redundancy. Fine. Tell them that you have no preference on which of the 3 roles they assign to you and that you do not have time to participate in any meetings.

Then give your notice timed to expire the day before the end of your maternity leave.

AlternativeTentacle · 27/11/2017 08:53

Pick up the phone to the first meeting, tell them you will be accepting the redundancy if offered thank you very much but cannot attend more consultation meetings as you are on maternity leave.

SleepingStandingUp · 27/11/2017 09:01

I don't really understand the 'legal underpinnings' bit meditrina?
I assume married so you aren't become dependent on a man to whom you are not legally bound.

It might be worth a phone conversation woth HR about what would happen IF you were unable to return. Alt tell them you can't do the calls, will tale what they offer and work out when you would be due to go back at the end of the annual leave and give notice accordingly.

I reckon if you are honest about not being sure of you wanted to go back but "are aware you need to work notice and have accrued annual leave" they might talk money to get things moved on.

Are you aiming to get AL paid or tacked on to your leave? Some places you can do the latter but not the former

minipie · 27/11/2017 09:09

I looked into this as I wanted to give extra notice when resigning. Bottom line is it depends on exactly how your notice clause is phrased BUT in most circumstances yes the employer can say your early notice has started the notice period running and terminate your employment early.

In your shoes I would simply say you haven't been able to arrange childcare and can't manage the meetings without, you understand the process will go ahead anyway.

If you didn't take enhanced pay they have probably guessed you're not coming back anyway. (So wouldn't be offering any redundancy payout).

PrimalLass · 27/11/2017 09:38

Don’t resign early. Anything could happen in the next few months and they might decide to make one role redundant after all, or you could become ill and need the backup of sick pay, etc.

Original poster
INeedNewShoes · 27/11/2017 09:46

Thanks for all the advice. I really appreciate it.

My consultation meeting is this morning and I left it rather late to look into how I need to handle it. Having said that, less than a week to be prepared for a meeting where there's a lot of documentation involved isn't much when you're trying to look after a baby nicely and not let the house descend into chaos.

Sleeping - thanks for explaining that one to me. There is no man involved at all so I won't become dependant on anyone (aside from being more dependant on my own ability to earn on a self-employed basis).

Although the idea of handing in my notice now, ahead of time for April, is appealing as then I wouldn't have to think about any of this at all, having read the various advice here it seems my best option is just to say that I don't feel the need to engage in the consultation process and I will accept the role I am given.

OP posts:
Original poster
INeedNewShoes · 27/11/2017 09:47

That is a very very good point about sick pay Primal. Thank you.

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