Been sent a P45 whilst on maternity leave

SarEl

OK - lets go back to the beginning. You have a right to ante-ntal appoinmenst with pay - you don't haxe to accrue this.

All the rest is then crap. You have a legal right to return to your job after 26 weeks, and legal right to return toi your job or an equivalnet post at 52 weeks.

You need a solicitor. Do you have any insurance cover (like on your home) for this?

sazziecee

I don't think I opted for legal cover on my house insurance, but will double check.

If I paid for a solicitor do you have a rough idea of costs?

Thanks for all your help

SarEl

sazziecee wrote: »

I don't think I opted for legal cover on my house insurance, but will double check.

If I paid for a solicitor do you have a rough idea of costs?

Thanks for all your help

You could see if you have an employment right agency near you, a law centre - or try no win no fee. Paying for representation is simply going to be outside your ability. You can make a claim yourself and do it yourself, and we could provide some support. But if you want to do something you need to act quickly and the first step would be to write to the employer lodging a formal complaint about (a) the failure to pay you for time off for antenatal appointments, requiring them to pay you now for what they have not paid and (b) pointing out that a P45 is not a "you won't be paid any more money this year" document - it is a termination of employment and in law they employer has dismissed you for exercising your right to maternity leave. You then need to say that you have made it clear that you will be returning to work and that you are not required to provide an exact date for that return at this time, so it is not acceptable that the employer has stated that they will take you back in July next year and only if they have a job. And you make it clear this is unfair dismissal and discrimination.

You must bear in mind that you have only 3 months less a day to make a tribunal claim from the date on the P45.

geoffky

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

Please do not post unless you are 100% certain because these things are too important just to be guessed at.:mad:

Jessikita1983

Hello OP,

do not waste your money with a Solicitor, go on the ACAS website (do a google search, it should be the first thing to come up), give them a ring and explain the whole situation to them.

They will advise you expertly and then take on the case/support you for free.

Without being to self important, I have a 2.1 LL.B. (Hons) Law and on the face of it you have a valid claim for sex discrimination etc. But ACAS can assist you a lot better and go through everything.

As an earlier poster says, the fact that you haven't been given a written statement of particulars is irrelevant. Making a sweeping statement, a lot of people are obsessed with contracts being written down - doesn't matter, you make contract constantly, without even realising. You had a contract the minute you walked through the door. The only area where contracts work different is with regard to land (house sales etc) as land is unique.

Good luck, I wish you well. xxxx

Jarndyce

OP - really don't bother with ACAS - just follow SarEl's advice above. ACAS cannot provide representation or advice on the merits of your claim.

But the most important thing is to get the formal complaint letter in quickly, and you should be able to do that yourself or with some help from friends and family - it doesn't need to be couched in legal terms, only the basic issues that SarEl mentions.

Jessikita1983

OP It is up to you who's advice you take, but I do think it is worth ringing ACAS, or the CAB. Although they will not provide representation itself, they will advise you on exactly what steps to take to do things correctly.

I wouldn't line a Solicitors pocket unless they will take it on pro-bona. xxx

laurel7172

I hate to ask, but are you sure it's a "You no longer work for us" P45?

I only ask because I work in a school and we've all just been given our P45's...the payment of our salaries is being outsourced, so we've finished one job and we start for a "new" employer this month. Have you had any correspondence about anything similar? New bank account forms, perhaps?

Angela_D_3

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

I disagree I was sacked whilst pregnant and got £3k in compensation for the sake of a £25 letter.

SarEl

Jessikita1983 wrote: »

Hello OP,

do not waste your money with a Solicitor, go on the ACAS website (do a google search, it should be the first thing to come up), give them a ring and explain the whole situation to them.

They will advise you expertly and then take on the case/support you for free.

Without being to self important, I have a 2.1 LL.B. (Hons) Law and on the face of it you have a valid claim for sex discrimination etc. But ACAS can assist you a lot better and go through everything.

As an earlier poster says, the fact that you haven't been given a written statement of particulars is irrelevant. Making a sweeping statement, a lot of people are obsessed with contracts being written down - doesn't matter, you make contract constantly, without even realising. You had a contract the minute you walked through the door. The only area where contracts work different is with regard to land (house sales etc) as land is unique.

Good luck, I wish you well. xxxx

The 2.1 hasn't really worked out all that well then has it, if you do not know that ACAS mediate employment issues and will never represent anyone, and nor do they provide support to either party. They will provide impartyial advice, and if you are very very lucky, their advice might even be correct (although it often isn't).

Getting a 2.1 does not mean you know the law (nor does your stating it here mean it is true) - and that is why I gave my advice without mentioning the fact that I have been a barrister specialising in employment law for more than 30 years. What people claim to be on here is not verifiable - the OP can, however, go through my posting history and determine for herself the value of my advice.