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Original poster

On Maternity - Need Advice!!

30 replies

rachealgeorgia12 · 18/06/2021 12:44

Hi,

I’ve been on maternity now for 6 months, my daughter is now 3 months. My employer called me yesterday to say that basically I needed to go back to work as they are very short staffed and struggling, I said I wasn’t ready to go back yet with my daughter still being so young etc. And it’s shift work so the hours are awkward.
My manager said that he basically wasn’t waiting around anymore and and they may dismiss me. I said you can’t do that as I’m entitled to 38 weeks pay etc. & they said that after 6 months they can do what they like so they’ve threatened my job and my pay!

My question is they aren’t allowed to do this are they? Also if I was to resign as I’m not even sure I want to return with the hours do they still have to pay my maternity until the 38 weeks? It’s SMP.

Any advice would be great!

There’s another person on maternity and she’s been off the same amount of time as me. They’ve told her she’s got a week to decide what’s she’s doing or she’s dismissed.

OP posts:
piratehugs · 18/06/2021 12:47

That's terrible! This organisation should be able to advise you: maternityaction.org.uk/ They have phone lines to call if you're too stressed to go through the written advice. Good luck!

HumunaHey · 18/06/2021 12:47

That's absolutely shocking! Have you been asked to come back to work in writing? That can be used as evidence for undair dismissal. As it's just SMP, I'm pretry sure you can quit and still be entitled to the money.

Hopefully someone comes along with a little more knowledge than me.

KittyKatChunky21 · 18/06/2021 12:50

My understanding is that smp is paid by the government and so if you are not receiving any extra contractual maternity pay through your workplace you would not have to go back for a set time like you do with contractual maternity pay and you would not need to pay any of your pay back. They cannot dismiss you but I think they can change your role with the company?? I'm not sure who you would ask, maybe the health visitor may be a good starting point and see if they can point you into the right direction. Do not feel pressured into going back, you have upto 1 year to take off.

Tickly · 18/06/2021 12:54

They can't make you return. You have a right to a year off. They only have to guarantee your actual job for 6 months. Thereafter they can give you a comparable role. Please ring pregnant then screwed which supports women in this sort of situation. Don't take it lying down. I'm sorry they're being awful. pregnantthenscrewed.com/

ApplesandBananas21 · 18/06/2021 12:55

Yeah SMP is through government so you would still get it (not sure if you have have to set up yourself though once you've left work)
That's disgusting though, no they can't get rid of you for this. They obv knew you were going on mat leave so assume they took someone on to cover you?
If not, that's their problem to sort out they should have replaced you for mat leave.

swiggles · 18/06/2021 12:56

I have also come on to recommend pregnant then screwed. I called up when I had questions surrounding my entitlements and SMP pregnantthenscrewed.com/contact-us/

dottydally · 18/06/2021 12:57

After 6 months you aren't entitled to go back to your specific job if it isn't possible but you are entitled to return to a job of a similar level/pay/terms (I.e. it can't be on worse terms).

You have the right to 12 months off and they can't dismiss you because you are on maternity leave. If they needed to cut their workforce, they would need to go down the appropriate redundancy pathway, not just tell you it's come back or be dismissed.

If it's just SMP, you shouldn't need to pay it back. If your employer paid enhanced maternity pay you would need to check their policy to see if it should be paid back.

Original poster
rachealgeorgia12 · 18/06/2021 13:00

Thank you everybody for the advice, I will contact these places!
They haven’t offered me anything else and I thought straight away that it sounded incorrect what they were trying to say but then I questioned it as they said they don’t have to carry on and wait for me after 6 months that they can dismiss me. But I’ll definitely be finding out ASAP so I can sort this.
Unfortunately it was not on writing it was a phone call, maybe when I get back to them I will write to them in an email so everything is documented incase needed for future.

OP posts:
QforCucumber · 18/06/2021 13:03

How long have you worked there?

Original poster
rachealgeorgia12 · 18/06/2021 13:03

@ApplesandBananas21

Yeah SMP is through government so you would still get it (not sure if you have have to set up yourself though once you've left work) That's disgusting though, no they can't get rid of you for this. They obv knew you were going on mat leave so assume they took someone on to cover you? If not, that's their problem to sort out they should have replaced you for mat leave.
They did employ extra people but they’ve had so much staff leave because of this manager treating staff very unfairly that they then said to me on the phone that they put up a job advert and no ones applied so their struggling, unfortunately that’s not my problem and my priority at the moment need to be my daughter. I couldn’t leave her with someone yet at all!
OP posts:
AppleDumplin · 18/06/2021 13:05

You have a statutory right to take 52 weeks MAT leave. If they dismiss you for exercising this right they are extremely stupid and you will have super grounds for an Employment Tribunal claim.

Yes to getting your employer to put their demands in writing - start logging all calls and emails.

Original poster
rachealgeorgia12 · 18/06/2021 13:06

@QforCucumber

How long have you worked there?
I had worked there a year prior to starting my maternity
OP posts:
Original poster
rachealgeorgia12 · 18/06/2021 13:08

@AppleDumplin

You have a statutory right to take 52 weeks MAT leave. If they dismiss you for exercising this right they are extremely stupid and you will have super grounds for an Employment Tribunal claim.

Yes to getting your employer to put their demands in writing - start logging all calls and emails.

Perfect thank you. At least I know where I’m standing in this now.
OP posts:
Original poster
rachealgeorgia12 · 18/06/2021 13:08

If I didn’t want to return after maternity and handed in a notice would I still receive the rest of my SMP?

OP posts:
Original poster
rachealgeorgia12 · 18/06/2021 13:09

As said I’ll contact the professionals anyhow.

OP posts:
HumunaHey · 18/06/2021 13:19

@rachealgeorgia12

If I didn’t want to return after maternity and handed in a notice would I still receive the rest of my SMP?
Yes, I believe so. It's only any enhanced that you would lose/have to pay back. But SMP is a basic entitlement.
Original poster
rachealgeorgia12 · 18/06/2021 13:28

Perfect .. thank you.
So ate at that would give me more time before having to work again.

OP posts:
QforCucumber · 18/06/2021 14:00

You're also owed any accrued holiday pay from them, but I wouldn't give notice yet.

Speak to ACAs or a union as they can't do this and if they do get every single piece of correspondence in writing. If they try to call respond with a text saying could you please contact me in writing regarding your requests? get as much backup as possible.

Original poster
rachealgeorgia12 · 18/06/2021 14:16

@QforCucumber

You're also owed any accrued holiday pay from them, but I wouldn't give notice yet.

Speak to ACAs or a union as they can't do this and if they do get every single piece of correspondence in writing. If they try to call respond with a text saying could you please contact me in writing regarding your requests? get as much backup as possible.

I went on maternity in January, which was the start of the new year as my holidays start again then. So I assume I don’t gain any holiday days from being on maternity do I?

Ok thank you very much, I won’t do anymore communication verbally and I’ll hold out my notice 😊

OP posts:
gurglebelly · 18/06/2021 14:30

Yes you continue to accrue holiday while on maternity leave

ApplesandBananas21 · 18/06/2021 14:33

Yeah you still accuse holidays! Don't forget bank holidays too

ApplesandBananas21 · 18/06/2021 14:34

Accrue

LIZS · 18/06/2021 14:35

Yes you continue to accrue holiday plus any other work benefits and they have to offer you a position when you choose to return from ml, within a year. ACAS can advise on your rights and how to respond. It may be worth collaborating with the other new mum too. Do not resign in the meantime.

Muststopeating · 18/06/2021 14:47

Good grief!!! That's horrific! Absolutely do not resign, make the bastards try to fire you then take them to court! Aside from SMP, they might be liable for redundancy (google it, there is a gov calculator).

Also SMP is paid by the employer and refunded (mostly) by the government so they would be required to continue paying it directly. But again, short of making you redundant (which requires considerable time and notice) they would have to do anyway. Unless you resign and then they are due you nothing.

I believe the law in UK actually means an employer isn't even supposed to ask you when you're coming back within the 52 week period to prevent any pressure.

Please please don't let them get away with this, its appalling. Get together with other lady on maternity leave and work with the organisations. The law, for once, is on your side here. Use it!

If you have everything well documented and can prove what they said I'd be taking it to a local paper (assuming they aren't a massive company) and naming and shaming the bastards!

QforCucumber · 18/06/2021 17:44

Yup, so far you've accrued half a years holiday which they owe you for too. That'll be on top of any notice pay if they decide to end your contract.

Is there a hr department?