On Maternity - Need Advice!!

[rachealgeorgia12]

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.

Oh really! So I am owed holiday too. Thanks for that that’s very helpful.
Bank holidays aren’t included as I work them if on shift that day as I work in a care home.
Thank you! I definitely won’t be resigning then and will let the other person know too!
She’s going to be relieved like I am now

@Muststopeating

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!

I will be doing exactly that then! Thanks I’ll have a look.

Oh I see that makes more sense then as I was thinking if they weren’t paying for for the maternity then what is their problem, but if they are paying even a small amount that’ll be why as they are such a tight company.

Yes that’s true! Should really!

Thanks for your advice

@QforCucumber

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?

There is HR yes but to be honest their all as bad as each other, I could try though.

They can't do that.

@Pregnant then screwed on Instagram have a free legal advice team, they are amazing. They have helped out a lot of women I know.

Yes thank you @jobsagudden I’m going to definitely be contacting them tomorrow 😊