Been sent a P45 whilst on maternity leave

sazziecee

Hello

I have been working since September 1st 2010 as a Midday supervisor in a secondary school. At interview I was told after 12 weeks I would be given a contract but until then I was to fill in a timesheet of hours. I was still filling in this sheet 10 months later when we broke up for summer, with no contract materialising

I became pregnant in January 2011 but did not tell work until I was 20 weeks and had both scans (bit superstitious) all seemed to go OK and nothing negative was said. I still hadn't been given a contract by this point but assumed all was OK as no problems with my ability/ commitment to the job had been mentioned.

I had my daughter on 5th September,a week later I opened a letter, it was my P45 saying my employment ceases on 30th September this year.... no letter or anything else and I haven't been telephoned.

People are saying its illegal and unfair dismissal/discrimination as I am pregnant. Am I entitled to pursue something even though I never recieved a contract of any description? I had filled out a form stating I was taking my full 52 weeks leave entitlement and nothing was ever said to me.

I am miffed they have done it,but dont want to waste time trying to do something about it, if it is unlikely to go in my favour, as the sleepless nights are taking their toll now.. lol

Thanks everyone x

2sides2everystory

Sounds like someone at the school has made a classic mistake !

I am sure someone more knowledgeable will be along a bit later and let you know if I am right.

Emmzi

because you were filling in a timesheet that makes me think you were a casual worker, awaiting a perm. contract but that didn't happen. Is that cirrect?

sazziecee

Hi

Yes I was a casual worker awaiting a permanent contract, does that mean I don't have any rights?

The date of 30th September on my P45 takes me over the 12 months threshold for working for the same employed, if that makes a difference?

SarEl

sazziecee wrote: »

Hi

Yes I was a casual worker awaiting a permanent contract, does that mean I don't have any rights?

The date of 30th September on my P45 takes me over the 12 months threshold for working for the same employed, if that makes a difference?

The right not to be unfairly dismissed due to maternity exists whether or not you have 12 months employment, and it exists whether or not you are a casual worker.

Questions:

Are you paid term time only?
Have you received any maternity pay?
Was there any warning that your job would not be there in September?
Have you asked the employer what the hell they mean by sending you a P45, or why you have been dismissed (perhaps just a little politer than that, but you take my meaning!)?

tr8

dont waste your time.
You will get nothing, not work for long enough for redundancy.
You are a casual worker with no contract, you dont say if you do enough hours to be classed full time employed, but lunch time cover does not sound it.
Loads of schools are cutting back, and those not on full contracts will be 1st along with all the TA's

SarEl

tr8 wrote: »

dont waste your time.
You will get nothing, not work for long enough for redundancy.
You are a casual worker with no contract, you dont say if you do enough hours to be classed full time employed, but lunch time cover does not sound it.
Loads of schools are cutting back, and those not on full contracts will be 1st along with all the TA's

And the right to claim redundancy has what to do with sex discrimination or discrimination on the grounds of maternity? Rights which exist from the first day of employment (and before that in fact). And the OP is not a casual worker with no contract - every employee has a contract, and the fact that the employer has failed to provide a written statement of the main particulars is yet another claim which can be added to discrimination, and which attracts up to 13 weeks pay on it's own.

Oh - and cutting back on part-time workers first - that would be a case of indirect sex discrimination.

2sides2everystory

sazziecee, the cavalry has arrived. You are in expert hands with SarEl.

sazziecee

SarEl wrote: »

The right not to be unfairly dismissed due to maternity exists whether or not you have 12 months employment, and it exists whether or not you are a casual worker.

Questions:

Are you paid term time only? Yes, the others have their pay averaged out over the year but I didn't as not on a contract
Have you received any maternity pay? Don't earn enough so am claiming MA
Was there any warning that your job would not be there in September? No nothing, if anything we were short staffed
Have you asked the employer what the hell they mean by sending you a P45, or why you have been dismissed (perhaps just a little politer than that, but you take my meaning!)?

I emailed the lady who interviewed me and got a reply back from the finance officer which states...

I have sent your P45 as you will not be returning to school in this tax year.
This notifies the tax office that you will not be receiving any more
salary payments from the school for this tax year.
We will of course be pleased to hear from you at the end of the summer
term, July 12, when you can confirm to us that you wish to return to work
providing that there is a vacancy.
I hope that this clarifies things.
Enjoy your daughter.


providing their is a vacancy? It is MY job surely?

Thanks for any more advice x

SarEl

You are quite correct. You should write back pointing out that under regulation 10 the school is obliged to give you your job back at the end of your maternity leave. But before you do, can you please answer the other questions? What has happened to your maternity pay - do you get anything from the employer? And have you told then that you intend to return in July - or are the just assuming that? because you have a right to return when you wish, at any point up to 12 months. And what about pay - term time only or not?

sazziecee

Sorry.. I did answer your questions within my quote from your post, but it isn't too clear as didnt change colour or font...:cool:

I don't earn enough for maternity pay or even SMP, I am recieving MA from the Jobcentre

I filled in a form that I was given by them, asking if I intended to return to work, I said yes and gave the date as 1st September 2012, so a full 52 weeks, but that I may return after 39 weeks

I get paid term time only, it is meant to be averaged out over the year like the rest of the staff, but as I am on a timesheet, I just get paid for the hours worked, monthly in arrears

I was not paid for time off for antenatal appointments as I hadnt "worked" the hours, to put them on my timesheet