Excess notice period after mat leave

[uglynakedguy0808]

So I'm not returning to my role after mat leave. I gave notice on Friday which was about 6 weeks before my mat leave end date. I thought the extra 2 weeks or so notice would help them. (Contract says one month) how we they're trying to take my one months notice from the date I resigned, meaning I will accrue less holiday pay from them. Can they do this?

They don’t have to accept more notice than is contractual I’m afraid, if your contract says one month they can say one month even if you’ve given more. You’d have been better to wait and just give the month.

Thank you. I did wonder if this was the case but someone has told me that they can’t Do that and sent me this screenshot from citizens advise? I just don’t want to reply to them until I’m sure what the rules are on this

This is incorrect advice. You can always give more notice than what is contractual. If the company want you to leave earlier then they either need to follow their process for this or get agreement with you to terminate earlier otherwise they risk an unfair dismissal claim.

Write back to them confirming your termination date is DATE. They can't change it without a valid reason for terminating your employer earlier than you have.

Forgot to add OP that you may find that they've just checked the contract and gone off that and not realised about the extra couple of weeks. It may not be malicious - they're probably not used to people giving additional notice!!

Thanks so much. Oh they have most definitely noticed I’ve given it early as they’ve stated it in the letter and said I will be cancelling my maternity leave early. It’s a very cleverly worded letter. I think they’re annoyed I’m not returning? So would you say I’m okay to respond along these lines:

thank you for your letter detailing the option to end my maternity leave early. However, as outlined in my original resignation letter I would like my last day of employment to be 24th October 2022 and upon completion of that date I will be expecting payment for annual leave accrued but not taken, up to that date.

tweaked...

'However, as outlined in my original resignation letter my last day of employment will be 24th October 2022 and upon completion of that date I expect payment for annual leave accrued but not taken, up to that date. This is in line with my legal rights as an employee.'

This is a lesson to only give the amount of notice that is required. Been kind can lead to difficult discussions. Hope it all works out for you

I know what it says about giving notice, but what's your company policy on returning from mat leave? Most companies require you to give 8 weeks notice on your intention to return/end mat leave. So while you've given your notice early, I actually think you're late in telling them about your end of mat leave.

No I only had to give one month letting them know of my intentions so definitely not late. I’ve emailed them back this morning so will see what I get back

It should be assumed that you're taking the full year unless otherwise states and this will be outlined in your maternity rights letter. I'm a bit late to this so you may have replied now but if you haven't thr you should write back and let them know that your termination date is X and this is in line with the last date of your maternity leave. You won't be leaving earlier

Hi OP, what happened in the end?