Quitting job before Maternity leave

livalicious

Hi there

Ive been working for my employer for the last 7 years and Im currently in dispute with my employer with regard to bonuses/commissions I was due to receive for reaching certain targets. We will be thrashing this out in a meeting on Friday but there are strong indications my boss might renege on the agreement. So if my boss decides that im not entitled to this commission Ive worked 6 months for, then I will be inclined to quit my job there and then.

Problem is, Im 7 months pregnant and due to finish work on the 3rd August. We previously agreed that I would take the 3 weeks holiday Ive accrued/am entitled to for this year and then start maternity on the 27th August, the baby's due date is 7th September.

My question is, if I do decide to walk out on my job on friday, am I still entitled to anything. Could I still claim maternity allowance directly through the government even though I decided to quit my job? Would I still be entitled to the holiday pay Ive accrued up till then, and also the pay Ive earned up to that friday?

I know it would make more sense to just wait it out and leave on the planned date, its not that long to go, however Ive been messed around before by my boss and this would be the final straw, as Ive work extremely hard to reach targets and he once again decides to move the goal posts at the end of it. The thought of having to come to work after all that and still train up two people who start on Monday to do my job is just galling, however I just want to be sure where I stand before I do anything I either may regret or that may cost me dear.

Thanks and sorry for the waffling

mariefab

If you decide to quit on Friday:

Yor current employer would still have to pay you SMP as you qualified for this in May (assuming that you earn £107+/week).
You would also still be entitled to any wages earned and accrued holiday pay.
You might even have a potential unfair constructive dismissal claim if your boss reneges on the bonus/commission agreement (if you can evidence this).

cashbackproblems

why would you decide to quit yourself?

livalicious

Thank you mariefab! Thats reassuring to know. I dont have any written evidence of this agreement unfortunately, this would have been like trying to get water from a stone. However this agreement was made with myself and another colleague, we were both given the same terms and would receive the same commission for targets reached. Could we take this further then even without any written evidence?

livalicious

As I said cashbackproblems, my boss has done this to me before. I put in the extra time and hours and received nothing in the end, and after 7years of loyalty and consistent hardwork, to have go through that again, and then be expected to still show up to work, granted only for another 3 weeks, but to still have to carry on working there and train up people to take over from me, would not be something I would be prepared to do. Id rather be out of pocket than be taken for a fool

mariefab

Constructive dismissal is always a difficult claim.
In the absence of any documentary evidence I suppose you might have a chance IF your colleague was prepared to back you up with a witness statement AND appear at a tribunal hearing to give evidence. However, often people are (understandably) more concerned with keeping their jobs months down the line than testifying against their employer.