Received P45 whilst on maternity leave

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  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    Masomnia wrote: »
    They still need to provide her with a written statement as to why she was dismissed.

    And a period of notice which may need to be paid I full.
  • Masomnia
    Masomnia Posts: 19,506 Forumite
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    getmore4less wrote: »
    And a period of notice which may need to be paid I full.

    Plus accrued leave if applicable!


    I think OP needs to consider getting proper legal advice here.
    “I could see that, if not actually disgruntled, he was far from being gruntled.” - P.G. Wodehouse
  • Christmas-fairy
    Christmas-fairy Posts: 10 Forumite
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    I will do, thank you. I am calling Acas first thing tomorrow morning
  • Undervalued
    Undervalued Posts: 8,852 Forumite
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    edited 13 July 2017 at 10:10PM
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    Christmas-fairy wrote: »
    I will do, thank you. I am calling Acas first thing tomorrow morning

    If that is in response to the suggestion that you should get "proper legal advice" then keep in mind ACAS can't supply that.

    At the first level they are simply a call centre staffed by non legally qualified people with limited training. It has its uses but legal advice it is not.

    Unless I have misread it, you have not been employed for more than two years?

    Obviously you do not need that period of employment to qualify for unfair dismissal protection if you have been discriminated against due to pregnancy but you do in almost all other circumstances.

    Also, with less than two years service it is a moot point whether an employer is obliged to give you a written statement as to why you have been dismissed. You have no useful redress if they don't.
  • anamenottaken
    anamenottaken Posts: 4,198 Forumite
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    If you have not been replaced as maternity cover for the original member of staff but her duties are being covered by existing members of the team, then there would appear to be a fair reason for your dismissal, that is on the grounds of redundancy.

    However, do check they have paid for any holiday accrued but not taken and paid at least one week's notice pay (if you can prove they didn't give you notice - and more if contractually you were entitled to more notice). Were there any adjustments on your payslip?
  • Christmas-fairy
    Christmas-fairy Posts: 10 Forumite
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    I haven't received any notice pay and my manager insisted I use all my accrued holiday before my mat leave started.
    There weren't any adjustments on my payslip
  • Undervalued
    Undervalued Posts: 8,852 Forumite
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    Christmas-fairy wrote: »
    I haven't received any notice pay and my manager insisted I use all my accrued holiday before my mat leave started.
    There weren't any adjustments on my payslip

    Which they are quite entitled to do.

    Broadly, an employer can totally dictate when you can and cannot take your holiday. Your right is limited to simply getting your entitlement at some point during the year.
  • General_Grant
    General_Grant Posts: 4,840 Forumite
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    Undervalued wrote: »
    Which they are quite entitled to do.

    Broadly, an employer can totally dictate when you can and cannot take your holiday. Your right is limited to simply getting your entitlement at some point during the year.

    and subject to receiving appropriate notice of the time to be taken.
  • Undervalued
    Undervalued Posts: 8,852 Forumite
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    General_Grant wrote: »
    and subject to receiving appropriate notice of the time to be taken.

    Correct. The must give notice of at least twice the length of the holiday. If they want to be really difficult they could keep giving two days notice to take a day's leave!
  • jobbingmusician
    jobbingmusician Posts: 20,343 Forumite
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    Are you actually entitled to maternity leave in this new job? You are not, unless you worked for this employer for 26 weeks up to the qualifying week. The QW is 15 weeks before your expected childbirth date.

    I have added 26 weeks to 15 weeks, starting in September, and it seems very marginal to me..... Have I got this wrong or did you manage to get preggers almost immediately on starting this new job?
    I was a board guide here for many years, but have now resigned. Amicably, but I think it reflects very poorly on MSE that I have not even received an acknowledgement of my resignation! Poor show, MSE.

    This signature was changed on 6.4.22. This is an experiment to see if anyone from MSE picks up on this comment.
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