Problems resigning while on maternity leave

dannidoll

Hi all, I'm new here so hope I've posted correctly. I have been on maternity leave since June 2010 and was due back in March 2011, however, I have decided not to return to work. I resigned on December 20th in writing giving 1 months notice as per my contract. I had not heard from my employer and so wrote to them again last week to confirm all was in order for my departure on January 20th - still no reply. I therefore called the director today and was told I would be called back. I later received an e-mail advising that
'payroll isn't done till next week and once we resolve the situation re your resignation and holidays I will be in touch.
It may be worth you knowing that there is no money in the business bank account at this time.' My understanding is that I will be entitled to any accrued holiday pay and possibly one months pay? Is this correct? And is my employer supposed to respond to me and forward any monies, payslips and P45 within a certain time frame? It may be worth mentioning that my employer did not acknowledge my preganancy and intention to take maternity leave in writing and is generally not the best at admin etc.

Any help and advice is much appreciated. I resigned in December so I would receive any thing due to me asap and allow me to secure part time employment...

Thanks.

Flyboy152

dannidoll wrote: »

Hi all, I'm new here so hope I've posted correctly. I have been on maternity leave since June 2010 and was due back in March 2011, however, have decided not to return to work. I resigned on December 20th in writing giving 1 months notice as per my contract. I had not heard from my employer and so wrote to them again last week to confirm all was in order for my departure on January 20th - still no reply. I therefore called the director today and was told I would be called back. I later received an e-mail advising that
'payroll isn't done till next week and once we resolve the situation re your resignation and holidays I will be in touch.
It may be worth you knowing that there is no money in the business bank account at this time.' My understanding is that I will be entitled to any accrued holiday pay and possibly one months pay? Is this correct? And is my employer supposed to respond to me and forward any monies, payslips and P45 within a certain time frame? It may be worth mentioning that my employer did not acknowledge my preganancy and intention to take maternity leave in writing and is generally not the best at admin etc.

Any help and advice is much appreciated. I resigned in December so as to receive any thing due to me asap and allow me to secure part time employment...

Thanks.

What would the extra month's pay be for, you have given a moth's notice and plan to leave on the twentieth of January. You are of course entitled to any unused portion of you annual holiday entitlement accrued during your maternity leave, as a cash alternative. Your P45, outstanding pay and/or payslips etc., would not be expected until the date of your leaving, they should all be given to you on that date.

Flyboy152

From the other thread

dannidoll wrote: »

Hi thanks for your reply. The 1 months wage would be for 1 months notice...?

But it is you who is giving the notice, not your employer. Your employer hasn't dismissed you without any notice.

The date of my leaving was meant to be yesterday - 20th of January which is why I am concerned at not receiving what I am due. If the company is still trading today am I not legally entitled to be paid? Not sure what to think

Yes, you are legally entitled to be paid, but if there is no money in the business, I am afraid you will have to add your name to the list of creditors. The saving grace is, that employees wages are quite high up on that list and are normally one of the first to be paid out of any assets that might be left.

dannidoll

Ok thanks Flyboy, hope to get my money soon then. Really appreciate the quick response

mountainofdebt

Assuming you've followed the correct proceedure and given the correct amount of notice, you now no-longer work for your former employer so there is nothing stopping you looking for part-time work.

Of course if you got a job quickly, and still hadn't got your P45, then you would have to fill a P46 but that's a bridge to cross when you come to it.

As for payroll you're entitled to pay up to 20th Jan including payment for any untaken holiday but bear in mind that if you've taken too much holiday on a pro-rata basis then, your former employers are entitled to deduct these from the payment.

As for telling you that there's no money in the business bank account.......sounds to me as if he's warning you your pay will be late.

MrRedundant

Were you only receiving SMP?