Employment rights after maternity

[Chazlanza]

Hey, I am currently on maternity leave and due to return in sept. I reached out to my employer recently who responded by stating.,’tbh I’m not sure we can offer you anything as we are quiet and managing fine with us 3’. I’m shocked, I’ve worked for the company for 8 years and been extremely hard worker. I’m worried they are going to make me redundant however, they don’t like to pay, so I’m also worried they will offer me 1 day a week to get away with not paying this. I need some advice. I have tried citizens advice to many times with no joy. I’m due a phone call meeting with them over the next day or so.

Pregnant then screwed might be able to help.

I’ve also tried these several times with no joy.

If they think they can manage with 3 and they want to do redundancy for 1 role then they need to include all 4 roles in the pool, if they are implying that they will choose to make only you redundant then it’s direct maternity discrimination, have a look at acas and keep trying pregnant them screwed. If you can get your company to correspond in writing then try to do this as if they don’t budge then you’ll have them banged to rights for a claim. If the discussions have so far been verbal try dropping an email asking them to clarify your understanding of the verbal conversation and bullet the points so they respond and you’ve a tangible record

www.acas.org.uk/your-maternity-leave-pay-and-other-rights/returning-to-work-after-having-a-baby

Try ACAS. They’re employment law experts and they can support people in your kind of situation. Your company are definitely in the wrong.

Are you in a union?

https://maternityaction.org.uk/advice/discrimination-during-maternity-leave-and-on-return-to-work/

This sets out your rights

If I were you, I would contact them to set out that they can't just decide not to give you a job, you do have maternity rights.

Ask them what suitable alternative role they are suggesting for you with the same terms and conditions.

If they don't come back satisfactorily, tell them that you will seek legal advice

Yes, my thoughts exactly however it’s a small company and the owner doesn’t do anything in writing. He’s clever. He’ll say everything over the phone but did state they can manage fine with just those 3. I also don’t want to jeopardize getting a reference for future rolls. I am just so shocked and stressed at mo. Def gonna keep trying pregnant then screwed before I have the meeting with him. (Not a meeting as he calls it, he calls it a little chat)

No I am not. It’s a very small company with only 3 employers including me then the owner. They are more of a casual chat with the owner type. Which makes it very difficult m. They will not offer me a different role as there is none which I know. But I am more experienced and been there longer than some of the others.

The boss may avoid written communication but you need to start a paper trail.

So for the next meeting I would send an email beforehand that says something like:

Dear blah blah,

As discussed, happy to have a chat about my return from maternity leave in September

Keen to hear more about either returning to my previous role or a suitable alternative role. As I am sure you are aware, this is what I am entitled to on return from maternity leave.

Look forward to speaking next week

Best wishes

Xxx

And then follow up the conversation in writing as well

i agree, please phone the ACAS helpline now and get advice about how to handle the meeting.

id ask if you can be accompanied to the meeting or record it . You really REALLY need to start documenting everything.

Call Acas. Their helpline is open 8am to 6pm Monday to Friday.

0300 123 1100

send the email and put everything in writing and record calls.

This will be discrimination if they just make you redundant. I would get ACAS advice and subject to that put in writing what has been suggested above and see what they say. If this is their attitude I’d be looking for a new job in the long run though.

Are you returning after 9 or 12 months?

It makes a difference to your rights.

Returning after 9 months.

I think 6 months is the time which makes a difference, not 9 months.

If return within 26 weeks you are entitled to return to your previous role.

If after 26 weeks you are entitled to return to a similar role, on the same T&Cs as your previous role, if not reasonably practicable for you to return to your previous role (eg if there have been organisational changes).

OP, this doesn't sound right or fair.

I agree with the PP about writing an email to them and getting an audit trail. They may go back on their words!

A redundancy process has to be fair, and just letting someone go without going through all of the necessary steps, is not a fair process.

Hey everyone thanks for ur comments. I spoke to pregant then screwed for some advice and had a “discussion” not meeting with my employer. He said it was just a chat really to see where we both at. He basically pleased that it’s so quiet there is no work for me. He also claimed that because I work from home & in another country and not present is a big factor why he may not be able to take me back. Bearing in mind I gave my notice to leave almost 2 years ago to move home to Ireland , he asked me not to leave and to work remotely for them. I agreed. He said he could worse case offer me 16 hours but it means he’s out of pocket. He avoided me asking for the convo to be in writing and also avoided the convo about redundancy pay. I’ve asked for an email basically stating what his discussion is. So we’ll see if that comes or not. Not holding my breath. Tbh I’m better off away from that place, gave to much of my time, errors and stress to it. Doesn’t deserve it. Ps sorry for the rant.

Take control and email him your record of the meeting, this puts it in writing.