Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@. Skimlinks & other affiliated links are turned on

Search
  • FIRST POST
    • Beautyrose170
    • By Beautyrose170 7th Sep 17, 9:35 AM
    • 21Posts
    • 4Thanks
    Beautyrose170
    maternity leave problems
    • #1
    • 7th Sep 17, 9:35 AM
    maternity leave problems 7th Sep 17 at 9:35 AM
    Hi

    I am going to go on maternity leave next month. I am not entitled to maternity pay due to being on ESA, as maternity pay would be classed as an income and not an earning and it will confuse the benefits system. So work are classing my maternity leave as a long leave of absence (1year)

    I have spoken to my job about this recently and been told this is what they plan to do:
    -Hand me my p45, so they can take me off of payrol as patrol do not want me on there payrol if I'm not being paid.
    -as my holiday is pro rata I will not be entitled to take any holiday left as I won't be working till April.
    -I will not accrue any holiday whilst away on maternity leave
    - I can come back at any time to work (no mention of the same job role though)

    I really feel like they are trying to push me out of the company and won't actually offer me my job back (which I assume this way they wouldn't need to) they also get away with not paying me any holiday entitlement of which for this year I have saved 10 days. If I come back (which I plan to do) I won't have accrued holiday.

    It seems as though handing me my p45 is cost effective for them but leaves me in a bad position.

    Is this allowed to be done or can I say I don't want that? Or is it down to the employer to decide what they would like to do about my leave. I plan to have another meeting to discuss this but I want to go back in fully informed of what I am and not entitled to

    Thank you
Page 2
    • Beautyrose170
    • By Beautyrose170 8th Sep 17, 9:06 AM
    • 21 Posts
    • 4 Thanks
    Beautyrose170
    Seems like there wasn't much due consideration or due care before getting pregnant in terms of how this baby is going to be funded.

    The OP doesn't want to "confuse the benefits system" by letting the company push her out.

    If you can get pregnant and look after a baby full time I don't see why you would be on ESA and not be able to work full time.
    Originally posted by pioneer22
    I know how this child is going to be funded by me going to work. This is why I want to make sure I have a job to come back to? Yes I am on esa because I couldn't cope with working full time. But that doesn't make me any less of a human being and saying I can't parent

    I don't want to confuse the benefit system by getting MA (the DWP have said on the phone to me it would and I would always need to check my payments)

    I was looking for advice not being targeted
    • Beautyrose170
    • By Beautyrose170 8th Sep 17, 9:19 AM
    • 21 Posts
    • 4 Thanks
    Beautyrose170
    It seems to me that it's the OPs fault for trying to keep ESA instead of claiming maternity pay. Puts the employer in a difficult position.
    Originally posted by t0rt0ise
    I'd be claiming MA which I apply to the government for I'm not entitled to SMP through work as I don't earn enough per week. When I spoke to DWP they said it would be easier to stay on ESA and not claim MA as MA is taken from your ESA leaving me with two different payments which then confuse each other. I'm just trying to follow advice from DWP
    • nicechap
    • By nicechap 8th Sep 17, 9:56 AM
    • 765 Posts
    • 1,834 Thanks
    nicechap
    In their other thread which they didn't have the curtesy to update, they were working for 15 hours and wanted light duties which their GP would write them a fit note for without assessing them.

    Admittedly the below quotes are selective, but surely this is a wind up thread?

    I'm claiming what every child is entitled to child benefit and child tax credits! Every child is entitled? Regardless of being on benefits?
    Originally posted by Beautyrose170
    .... I just wanted to know my rights ......

    When I go on maternity leave I would have been working there over a year and I work 16 hours a week (which in my job is classed as full time- stated in my contract - others work less between 6-10 hours per week)

    I'm not after money or taking to tribuneral money doesn't mean a lot to me. I just want what I'm entitled too. If I'm entitled to my holiday then surely I should get it.

    And I also want to ensure I have a job to go back to as I love my job and couldn't imagine doing anything else
    Originally posted by Beautyrose170
    .........I know how I'm going to pay for this child by working. ....
    Originally posted by Beautyrose170
    I know how this child is going to be funded by me going to work. ......
    I don't want to confuse the benefit system by getting MA ....
    Originally posted by Beautyrose170
    I'd be claiming MA which I apply to the government for ....
    Originally posted by Beautyrose170
    Quote was right and saw into the future.
    • sangie595
    • By sangie595 8th Sep 17, 11:23 AM
    • 3,716 Posts
    • 6,100 Thanks
    sangie595
    Calm down. Giving someone a p45 with the 'promise' of re hiring them because they are pregnant IS ILLEGAL. No, it isn't. It might be unlawful. It is definitely not illegal.
    There is no 'special case' here. Meditation and trying to solve the issue would become null because she is getting FIRED.No, she is not. But (a) mediation is a legal requirement (they OP has to apply for it before they can make a claim) and (b) she has not discussed her objection to this with the employer - it's called an appeal. Required. Although as yet they have not even done it - they suggested it and nothing more.

    They can word it however they like, but she is essentially being sacked on the promise of a new job (which they wouldn't have to honour as she'd no longer work for them offically) when she is ready to come back in a year and it's being done at her expense so they can save costs. No she is not being sacked. Being sacked is being sacked. Your moral outrage doesn't make it true.

    None of this is fair, and she'd have an excellent case.
    Originally posted by Kayalana99
    She has NO case. There is nothing to have a case of yet. She MIGHT have a case at some point. But your advise is WRONG and your links are to US law. You don't know what you are talking about, and advice like this WILL get the OP fired!
    • sangie595
    • By sangie595 8th Sep 17, 11:39 AM
    • 3,716 Posts
    • 6,100 Thanks
    sangie595
    I know how this child is going to be funded by me going to work. This is why I want to make sure I have a job to come back to? Yes I am on esa because I couldn't cope with working full time. But that doesn't make me any less of a human being and saying I can't parent

    I don't want to confuse the benefit system by getting MA (the DWP have said on the phone to me it would and I would always need to check my payments)

    I was looking for advice not being targeted
    Originally posted by Beautyrose170
    What you need to understand is that this is not always about the law. Sometimes it is about thinking strategically. From what you have sais previously, the employer, despite your concerns about rights, doesn't appear to have been bad. They made the adjustments you wanted. Now you can tell them that you refuse to accept a P45. And if they do it anyway, you can appeal what would at that time (because discussing it isn't the same thing) be a dismissal. You could then apply for mediation with ACAS, and then you could make a tribunal claim; a tribunal claim which would almost certainly be low value, and if you think your mental health is poor right now, wait until you see what that tribunal will do to it - they are hard work, and there is no legal aid.

    At the end of the tribunal you won't have a job. That will still be the case. And you won't have a reference either. How easy will it be getting another job with poor health and no reference?

    Now, as I said before, if the employer needs to get rid of you, they would need to be careful doing so - but it can be done, maternity leave or not. So they can "not let you come back" anyway - they just have to be careful about it. So the real issue is that accrued holiday pay and whether accrued holiday pay for a very part-time job is worth antagonising them. It's a small employer, and I doubt they have any idea about what they are doing, but start talking about your rights and they will lawyer up fast. At which stage you can kiss goodbye to the job. If that is ok with you, then fine - take the risk that that is what they do. But it seems right now that you have an employer who you barely work any hours for, and have hardly had the job for two minutes, and everything is all about you and your rights to your mind. If this really is a small family concern as you said before, how would you think they will take it being landed with legal threats over someone that they took a risk on? Because they did - given your health history, many employers wouldn't have touched you with a bargepole, and they certainly wouldn't have gone to such efforts to provide the hours you needed and to make adjustments without any qualms when you wanted them.

    So if you want to go down that path, that's your choice. But be fully aware of the risks you are taking. There is more than one way to lose a job.
    • Beautyrose170
    • By Beautyrose170 8th Sep 17, 5:10 PM
    • 21 Posts
    • 4 Thanks
    Beautyrose170
    What you need to understand is that this is not always about the law. Sometimes it is about thinking strategically. From what you have sais previously, the employer, despite your concerns about rights, doesn't appear to have been bad. They made the adjustments you wanted. Now you can tell them that you refuse to accept a P45. And if they do it anyway, you can appeal what would at that time (because discussing it isn't the same thing) be a dismissal. You could then apply for mediation with ACAS, and then you could make a tribunal claim; a tribunal claim which would almost certainly be low value, and if you think your mental health is poor right now, wait until you see what that tribunal will do to it - they are hard work, and there is no legal aid.

    At the end of the tribunal you won't have a job. That will still be the case. And you won't have a reference either. How easy will it be getting another job with poor health and no reference?

    Now, as I said before, if the employer needs to get rid of you, they would need to be careful doing so - but it can be done, maternity leave or not. So they can "not let you come back" anyway - they just have to be careful about it. So the real issue is that accrued holiday pay and whether accrued holiday pay for a very part-time job is worth antagonising them. It's a small employer, and I doubt they have any idea about what they are doing, but start talking about your rights and they will lawyer up fast. At which stage you can kiss goodbye to the job. If that is ok with you, then fine - take the risk that that is what they do. But it seems right now that you have an employer who you barely work any hours for, and have hardly had the job for two minutes, and everything is all about you and your rights to your mind. If this really is a small family concern as you said before, how would you think they will take it being landed with legal threats over someone that they took a risk on? Because they did - given your health history, many employers wouldn't have touched you with a bargepole, and they certainly wouldn't have gone to such efforts to provide the hours you needed and to make adjustments without any qualms when you wanted them.

    So if you want to go down that path, that's your choice. But be fully aware of the risks you are taking. There is more than one way to lose a job.
    Originally posted by sangie595
    My work are a large family company, this is just one establishment to them.

    I work what classed to them as full time. And I've been there a long time according to them (most people don't stay as it's more seasonal work where as I work all year)

    I will be stating my rights like any other human would be. They took me on as they saw potential (hence why I ended up a supervisor in a short period of time) they have no clue about my health history as they have never needed to know. It's not a thing I must disclose. It has never ever effected me coming to work. The only time I haven't been in is if there has been problems with the pregnancy.

    Without working for this company you will see there flexible to everyone not just because I've asked hours to be changed. There more than happy to accommodate as life can get in the way of a job and we al work hours around our families. They have been great but when another pregnant women is entitled to one thing and I'm entitled to another it does make me feel like I need to stand up for myself
    • sangie595
    • By sangie595 8th Sep 17, 5:43 PM
    • 3,716 Posts
    • 6,100 Thanks
    sangie595
    My work are a large family company, this is just one establishment to them.

    I work what classed to them as full time. And I've been there a long time according to them (most people don't stay as it's more seasonal work where as I work all year)

    I will be stating my rights like any other human would be. They took me on as they saw potential (hence why I ended up a supervisor in a short period of time) they have no clue about my health history as they have never needed to know. It's not a thing I must disclose. It has never ever effected me coming to work. The only time I haven't been in is if there has been problems with the pregnancy.

    Without working for this company you will see there flexible to everyone not just because I've asked hours to be changed. There more than happy to accommodate as life can get in the way of a job and we al work hours around our families. They have been great but when another pregnant women is entitled to one thing and I'm entitled to another it does make me feel like I need to stand up for myself
    Originally posted by Beautyrose170
    In that case I have no idea why you asked since you change your story to suit whatever you have decided to do anyway. Good luck with the job search. And don't spend the tribunal win before you get it. I'm out.
    • pioneer22
    • By pioneer22 9th Sep 17, 1:42 AM
    • 412 Posts
    • 151 Thanks
    pioneer22
    As I said.... another child no hope.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

301Posts Today

2,684Users online

Martin's Twitter
  • RT @iiSteveJonesii: @MartinSLewis After watching you talk this morning about me burning £300 I got on a comparison site tonight & sure enou?

  • In or near York? This Wed the @itvmlshow Roadshow" will be at the York Food & Drink Festival - do come and say hi; St Sampsons Square 11-4.

  • It's the subtle poetry and lyricism of tweets like this that I find so endearing https://t.co/XhSKBCGyXe

  • Follow Martin