Plssss help Resigned during maternity leave

[Theirmumxx]

I told my manager I wouldn’t be returning to work after my maternity leave last week (my maternity leave ends in March). I’ve received a letter from the council today (I’m a teaching assistant at a school) and it says my employment will end on 28 Nov 2023.

will I still get my SMP until March?? I haven’t received any OMP.

You need to ask your employer.

probably not.
this is why you never tell employers your intentions until you have to

did you put it in writing, because you could say your manager misheard, and you didn’t say that at all

Yes, you are legally entitled to it as you have already qualified. It doesn't matter if you resign now, you have already legally qualified for it.

Is the end of March 39 weeks from when you started your maternity leave? Or when you intended to go back after taking a full year?

If it isn't occupational maternity pay then this is correct, but you just lost all your holiday pay entitlement between now and next March. Lesson learned. Never resign until you must.

@PatriciaHolm is correct. Also, if you said you wouldn't be returning to work after maternity leave, it was clearly your intention that you would continue to be employed until then. Ending your employment on 28th November may be unfair dismissal. This doesn't affect your SMP but does affect holiday pay. If you want to pursue this, you should consult a lawyer who specialises in employment issues. If you have legal cover on your home insurance, they may be able to help.

Yea you are entitled to continue to receive SMP until the end of 39 weeks.

You should also receive a payment for any annual leave you've accrued up to your last day 28 November.

You'd be better retracting the resignation and resubmitting later in order you continue to accrue leave until the end of 12 months of Nat leave.

OP can only retract her resignation if her employer agrees. However, if she has given more notice than is required by her contract, her employer cannot force her to leave earlier than the date she has specified.

You can try and push back.

Im in HR and we’ve had people verbally hand in their notice while on sick leave etc, shit themselves when they realise the consequences and then say their manager picked them up wrong, they never meant to resign etc etc. Because we don’t have anything in writing, it’s not worth the hassle from our end getting into a whole he-said-she-said thing.

It’s worth a go.

Surely they have to have it in writing, they cannot take your word just like that? I've never heard of that even being possible.

They are actually trying to take your last day as the day you told her or even before? What about notice?

Because 28th Nov is like 10 days ago already!

@prh47bridge

OP can only retract her resignation if her employer agrees

As OP hasn't given her resignation in writing her employer is on a shoogly peg.

It's well worth a try.