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  • FIRST POST
    • Christmas-fairy
    • By Christmas-fairy 13th Jul 17, 3:13 PM
    • 10Posts
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    Christmas-fairy
    Received P45 whilst on maternity leave
    • #1
    • 13th Jul 17, 3:13 PM
    Received P45 whilst on maternity leave 13th Jul 17 at 3:13 PM
    In September last year I was recruited for a maternity cover role which my contract states my contract ends when the lady I am providing cover for returns to work. (She is still not due to return until the end of this year)
    In the meantime, I had unknowingly fallen pregnant myself, so my maternity leave started a couple of weeks ago. I was not eligible for SMP due to the length of time with my employer, but they did write to me granting 52 weeks maternity leave and I am claiming Maternity Allowance.
    Last week I received my most recent pay slip from my employer along with a P45, stating my last working day as the day I left for maternity leave.
    This came totally out of the blue, as I did not resign from my role and they did not inform me that I was being dismissed, I can only assume it is because I am on maternity leave and the lady I was covering is due to return to work before me.
    They have not recruited a replacement whilst I am on leave, the rest of the team are overseeing different parts of the role between them.
    I have emailed HR to ask them to provide a written explanation of why I appear to have been dismissed (this was 4 days ago and still no response).
    Is this classed as maternity discrimination? As it appears I have been dismissed for going on maternity leave?
Page 1
    • antrobus
    • By antrobus 13th Jul 17, 3:38 PM
    • 15,126 Posts
    • 21,479 Thanks
    antrobus
    • #2
    • 13th Jul 17, 3:38 PM
    • #2
    • 13th Jul 17, 3:38 PM
    In September last year I was recruited for a maternity cover role which my contract states my contract ends when the lady I am providing cover for returns to work. (She is still not due to return until the end of this year)
    In the meantime, I had unknowingly fallen pregnant myself, so my maternity leave started a couple of weeks ago. I was not eligible for SMP due to the length of time with my employer, but they did write to me granting 52 weeks maternity leave and I am claiming Maternity Allowance.
    Last week I received my most recent pay slip from my employer along with a P45, stating my last working day as the day I left for maternity leave.
    This came totally out of the blue, as I did not resign from my role and they did not inform me that I was being dismissed, I can only assume it is because I am on maternity leave and the lady I was covering is due to return to work before me.
    They have not recruited a replacement whilst I am on leave, the rest of the team are overseeing different parts of the role between them.
    I have emailed HR to ask them to provide a written explanation of why I appear to have been dismissed (this was 4 days ago and still no response).
    Is this classed as maternity discrimination? As it appears I have been dismissed for going on maternity leave?
    Originally posted by Christmas-fairy
    Well, it was your last working day. And as you don't qualify for SMP, your employer is not going to pay you anything until you return to work. Have you told them when you intend returning to work for them?

    I'm not 100% convinced that receipt of a P45 in these circumstances necessarily equals a dismissal.
    • Guest101
    • By Guest101 13th Jul 17, 3:40 PM
    • 15,128 Posts
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    Guest101
    • #3
    • 13th Jul 17, 3:40 PM
    • #3
    • 13th Jul 17, 3:40 PM
    Perhaps they dismissed you for one of the millions of other non-protected reasons that they can think of?
    • Christmas-fairy
    • By Christmas-fairy 13th Jul 17, 3:44 PM
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    Christmas-fairy
    • #4
    • 13th Jul 17, 3:44 PM
    • #4
    • 13th Jul 17, 3:44 PM
    But surely they should have communicated with me regarding dismissal or called me in for a meeting to investigate?
    • Guest101
    • By Guest101 13th Jul 17, 4:10 PM
    • 15,128 Posts
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    Guest101
    • #5
    • 13th Jul 17, 4:10 PM
    • #5
    • 13th Jul 17, 4:10 PM
    But surely they should have communicated with me regarding dismissal or called me in for a meeting to investigate?
    Originally posted by Christmas-fairy
    Well they don't need to investigate, they can sack you for any reason other than those protected.
    • marliepanda
    • By marliepanda 13th Jul 17, 4:17 PM
    • 4,722 Posts
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    marliepanda
    • #6
    • 13th Jul 17, 4:17 PM
    • #6
    • 13th Jul 17, 4:17 PM
    I imagine it's to simplify it. You were supposed to finish work at the end of this year. You can't. Therefore you finished when you finished.

    There's no pay or employment issues to resolve, and you weren't expecting to return as your maternity would go way pay your original end date anyway.
    Survey Earnings 2017 - £163
    • marliepanda
    • By marliepanda 13th Jul 17, 4:19 PM
    • 4,722 Posts
    • 9,513 Thanks
    marliepanda
    • #7
    • 13th Jul 17, 4:19 PM
    • #7
    • 13th Jul 17, 4:19 PM
    Well, it was your last working day. And as you don't qualify for SMP, your employer is not going to pay you anything until you return to work. Have you told them when you intend returning to work for them?

    I'm not 100% convinced that receipt of a P45 in these circumstances necessarily equals a dismissal.
    Originally posted by antrobus
    Why would the OP expect to return to work? Their contract ends at the end of this year (in line with the maternity...)
    Survey Earnings 2017 - £163
    • sangie595
    • By sangie595 13th Jul 17, 4:37 PM
    • 3,842 Posts
    • 6,263 Thanks
    sangie595
    • #8
    • 13th Jul 17, 4:37 PM
    • #8
    • 13th Jul 17, 4:37 PM
    Actually, it may well be very important - the OP continues to accrue leave whilst on maternity leave, so the termination date is actually quite important. Unless they have paid the leave that would be due and properly completed the process, then the employer has acted wrongly.

    But no it is not yet discrimination. More likely an error. Speak to your manager, not HR. HR and payroll more often than not action what a manager has said - or what they think they have said.
    • Christmas-fairy
    • By Christmas-fairy 13th Jul 17, 4:42 PM
    • 10 Posts
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    Christmas-fairy
    • #9
    • 13th Jul 17, 4:42 PM
    • #9
    • 13th Jul 17, 4:42 PM
    Thank you. That's exactly what I mentioned in my email request to HR, as I believe I am still entitled to accrue holiday pay whilst on mat leave.
    I will ask my manager, as I'm not getting anywhere with HR
    • Masomnia
    • By Masomnia 13th Jul 17, 9:02 PM
    • 17,044 Posts
    • 37,602 Thanks
    Masomnia
    But surely they should have communicated with me regarding dismissal or called me in for a meeting to investigate?
    Originally posted by Christmas-fairy
    Well they don't need to investigate, they can sack you for any reason other than those protected.
    Originally posted by Guest101
    They still need to provide her with a written statement as to why she was dismissed.
    “I could see that, if not actually disgruntled, he was far from being gruntled.” - P.G. Wodehouse
    • Masomnia
    • By Masomnia 13th Jul 17, 9:02 PM
    • 17,044 Posts
    • 37,602 Thanks
    Masomnia
    Thank you. That's exactly what I mentioned in my email request to HR, as I believe I am still entitled to accrue holiday pay whilst on mat leave.
    I will ask my manager, as I'm not getting anywhere with HR
    Originally posted by Christmas-fairy
    Yes, you are.
    “I could see that, if not actually disgruntled, he was far from being gruntled.” - P.G. Wodehouse
    • getmore4less
    • By getmore4less 13th Jul 17, 9:14 PM
    • 30,006 Posts
    • 17,934 Thanks
    getmore4less
    They still need to provide her with a written statement as to why she was dismissed.
    Originally posted by Masomnia
    And a period of notice which may need to be paid I full.
    • Masomnia
    • By Masomnia 13th Jul 17, 9:24 PM
    • 17,044 Posts
    • 37,602 Thanks
    Masomnia
    And a period of notice which may need to be paid I full.
    Originally posted by getmore4less
    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
    • By Christmas-fairy 13th Jul 17, 9:28 PM
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    Christmas-fairy
    I will do, thank you. I am calling Acas first thing tomorrow morning
    • Undervalued
    • By Undervalued 13th Jul 17, 10:07 PM
    • 3,159 Posts
    • 2,879 Thanks
    Undervalued
    I will do, thank you. I am calling Acas first thing tomorrow morning
    Originally posted by Christmas-fairy
    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.
    Last edited by Undervalued; 13-07-2017 at 10:10 PM.
    • anamenottaken
    • By anamenottaken 14th Jul 17, 8:59 PM
    • 3,990 Posts
    • 3,434 Thanks
    anamenottaken
    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
    • By Christmas-fairy 14th Jul 17, 10:32 PM
    • 10 Posts
    • 10 Thanks
    Christmas-fairy
    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
    • By Undervalued 15th Jul 17, 10:56 AM
    • 3,159 Posts
    • 2,879 Thanks
    Undervalued
    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
    Originally posted by Christmas-fairy
    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
    • By General Grant 15th Jul 17, 3:59 PM
    • 647 Posts
    • 772 Thanks
    General Grant
    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.
    Originally posted by Undervalued
    and subject to receiving appropriate notice of the time to be taken.
    • Undervalued
    • By Undervalued 15th Jul 17, 4:25 PM
    • 3,159 Posts
    • 2,879 Thanks
    Undervalued
    and subject to receiving appropriate notice of the time to be taken.
    Originally posted by General Grant
    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!
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