New job rights while claiming smp

sangie595

debnlee wrote: »

Its not a question of returning to work early because smp doesn't provide enough money. I can manage on it although it can be a bit tight. It's just that I fancy a change and the perfect job has come up now and unfortunately not towards the end of my leave. if I don't take this opportunity while it's available by the time may comes it won't be available. I don't mind returning to work and ending my leave Early. And I do not expect my employer to keep my job open that was my question " will it be kept open for the 9 mths I was entitled off" or " if it automatically comes to a end because my smp will be stopped ?" or because I haven't actually resigned just simply asked for my smp to be stopped will my job still be there in may. And I never once said I wouldn't be telling my employer that I had got a 2nd job !!! I can work a 2nd job as anybody can if I wanted to or needed to as long as my smp stops which I said in my first post I new this would be the case.

Excellent. So your maternity leave is entirely irrelevant? Like any other employee, you have found a better job. And want to take that job. So take the job, if it is offered. Like any other employee would. You aren't entitled to special treatment in these circumstances because of maternity leave.

debnlee_2

Darksparkle wrote: »

I did not say the employer wouldn't need to be informed, I clearly said the SMP would need to stop.

However you are referring to maternity leave, not pay.

Maternity leave and pay are two different things with their own criteria.

You can easily be on maternity leave from one job and be working in the other.

All employees are entitled to maternity leave. Maternity leave is for 2 weeks minimum, 52 weeks maximum. This is regardless of how long they have worked there, their hours or their income.

Maternity pay is paid on service and pay.

This is explained here - https://www.gov.uk/guidance/statutory-maternity-pay-employee-circumstances-that-affect-payment#employee-isnt-returning-to-work

However you cannot receive SMP whilst working for a 2nd employer if the 2nd employer started after the qualifying week. The first employer would need to provide an SMP1. This is confirmed on the gov site - https://www.gov.uk/guidance/statutory-maternity-pay-employee-circumstances-that-affect-payment#employee-isnt-returning-to-work

As you can see, there is no mentioned of maternity leave ending. The leave would only end if the employee resigned, was dismissed or the 52 weeks was up.

Thankyou darksparkle that last bit is what I needed to know really . I know leave is for 52 wks I just keep refering to it being 9 months because that was what I intended to have off. Sorry haha suppose I should have explained that x

debnlee_2

sangie595 wrote: »

Excellent. So your maternity leave is entirely irrelevant? Like any other employee, you have found a better job. And want to take that job. So take the job, if it is offered. Like any other employee would. You aren't entitled to special treatment in these circumstances because of maternity leave.

I didn't say it was better job I actually said I wanted a change and after 10 yrs I think I'm entitled. And I wouldn't expect any sort of special treatment and I most defiantly wouldn't use the fact that i am on matetnity leave to expect special treatment. I posted on here for help to a simple question. If all you want to do us try and drag me down then please don't comment on my post. I will just communicate with the others that are trying to help.

Darksparkle

debnlee wrote: »

Thankyou darksparkle that last bit is what I needed to know really . I know leave is for 52 wks I just keep refering to it being 9 months because that was what I intended to have off. Sorry haha suppose I should have explained that x

You could see about taking your accrued annual leave.

Takeaway_Addict

debnlee wrote: »

Thankyou darksparkle that last bit is what I needed to know really . I know leave is for 52 wks I just keep refering to it being 9 months because that was what I intended to have off. Sorry haha suppose I should have explained that x

I would expect your issue would be if the new job conflicts with the hours you would normally have worked on the current job, regardless if it is during maternity leave.

sangie595

debnlee wrote: »

I didn't say it was better job I actually said I wanted a change and after 10 yrs I think I'm entitled. And I wouldn't expect any sort of special treatment and I most defiantly wouldn't use the fact that i am on matetnity leave to expect special treatment. I posted on here for help to a simple question. If all you want to do us try and drag me down then please don't comment on my post. I will just communicate with the others that are trying to help.

Yes, you are entitled to a change. Anyone is. Whenever they want one. What you are not entitled to is to keep one job in case the other doesn't work out. So yes, you are expecting special treatment, and you couldn't possibly even think about getting it if you were not on maternity leave.

It is very simple. You would like a change. You would like a new job. You apply for t. If you are offered it you resign. Like everyone else must. Why do you think it is different for you?

ohreally

theoretica wrote: »

Does your contract say anything about working another job?

debnlee wrote: »

No not a thing about working else where.

``````````

The duty of fidelity
A term requiring the employee faithfully to serve the employer is implied into all employment contracts

FBaby

You say it is not written in their contract, but have you checked if they have a policy pertaining to maternity leave, and if so, is there something relating to working whilst still on smp. I'd be very surprise that the answer is no for both.

theoretica

I think there are two separate issues here - the letter of the rules and the spirit of the rules. In my opinion what you are asking about goes against the spirit of maternity leave enough to risk seriously antagonising people - including your old employer, but also strangers on the internet and your potential new employer too. Strangers on the internet don't matter, but employers do.

getmore4less

It is not just what the old employer has in their contract

You have to check with the new employer they are happy that you have a contract with another employer potentially for the same hours.

The obvious conflict is that you are accruing holidays in the old job while doing a new one.