Handing in notice on mat leave, advice as no contract

[KitandKaboodle]

Hi, I’m considering handing in notice, been off for 1 year on smp and due to go back in 6 weeks after some annual leave owed from last year. It’s not worth my while going back due to childcare costs which I have been advised have now increased.
I don’t have a recent contract as my job and hours have changed a lot since last contract which was over 7/8 years ago.
Is there a standard notice period based on having no contract to go by?
Can I hand in notice while I’m on Annual leave and just never actually go back to work as my leave would take me to end of notice period? Any help pls would be grateful

It doesn't matter whether your contract is recent or not - it still applies if you haven't had a new one. Your job and hours changing won't affect your notice period unless you have been specifically told that.

What does your old contract say?

Yes you can hand in notice while on annual leave, or while on maternity leave.

Well, I’ve worked in same place for a long while but half way through my job role changed, I had new contract and then I had my 1st child and went back part time I was verbally told my notice period was 3 months but I never got a renewed contract

What does your old contract say?

1 months notice, but it was also for full time hours

If that’s the only contract you’ve got them that’s your contract.

The hours don’t matter. If the last contract you had said one month’s notice, and there has been no letter varying that particular clause, it still applies. Other terms have obviously been varied by letter, which is fine, such as hours/job title, but other than those clauses which have been specifically varied, the rest of the contract remains in force.

You don't get a new contract when your role changes, normally just an amendment.

If you had any enhanced mat pay you'll need to pay it back. And if you've taken some annual leave from yhis calendar year you might have to pay some of that back

Great, thank you very much for your help, it’s quite scary to do this so I want to get it right

Yes if you had any enhanced pay they will ask for it to be paid back unless you return for a defined number of months. Usually 3 months

Terms for paying back the enhanced mat pay (above SMP) is contractual too, not all companies require you to pay it/all of it back. My contract says I have to return for 3 months or pay it all back. My friend however could resign without returning to work and not have to pay anything back (different employer)