Lost job whilst on maternity

Mrsmcc

I work 3hours a week for a cleaning company. My job was for a sole role in an office. I have been there 2years and 5 months. In July I started maternity leave due to go back 16th March.

I was told back then to talk about accrued holiday pay now as she didn't know back then.

I called today to say I'm coming back next month. The company I use to clean for has now gone and I have no job to.go back to. This was in November they stopped trading but I wasn't told. When I said I was unaware she said it was up to me to keep in contact.

She said she would look for me another job? ( is this correct or am I redundant? )

She also said as it's a new tax year she doesn't know if I'm entitled to my holiday pay.

Please can anyone help. They are going to fob me off or offer me a completely different type of job. I'm unsure what to say.

Rachel

bargainbetty

It's not a new tax year - that runs April-March. If you went off in July, you are still within the 2016/17 tax year.

This page from ACAS indicates that you are entitled to your holiday leave: http://www.acas.org.uk/index.aspx?articleid=4289

Wiht regard to your overall job, if you only worked at one place and that place is no longer trading, the agency may argue that you are effectively redundant because the job isn't there to be done. They may suggest you take on a role at another client's premises. Again, look at the attached ACAS advice for help and to work out what financial settlement you should have received if you are redundant.

http://www.acas.org.uk/index.aspx?articleid=3832

TBagpuss

BargainBetty is correct. If you only cleaned for one business and they no longer have a contract with your employer that *may* mean that you are redundant, in which case your employer should follow correct steps to make you redundant, including paying your your redundancy entitlement.

You are likely to be entitled to your accrued holiday pay.

I think your employer is wrong about it being up to you to keep in contact - when you're on leave, it's reasonable to expect that your employer would inform you of any major changes within the company

Darksparkle

Who is the she you are talking about?

Who were you actually employed by, the company that's shut down or someone else?

Mrsmcc

She was the administration? It's the office number and they deal with all inquiries.

When I spoke to her before leaving for maternity I asked about the holidays whilst being off and she said " I'm not sure you'll have to get back to me nearer the time" I assumed near the time of returning back. As I know my friends have had theirsome paid back as holidays tacked onto the end of their leave. Of course I can't have that since joining don't have a job.

The cleaning company is the employer and the company I cleaned for was different it was an office. The company I work for is still running the office is closed.

I was offered another job but it was unsuitable as it's more days/less money and further away.

I was spoken to rudely saying "you should of kept intouch, usually people don't come back after maternity "

I know I'm "only a cleaner" but I was a good worker and in the 2 years need let them down.

As another point last year I did another cleaning job for them at a different office. I was hospitalised with pneumonia, almost died actually. I lost the job because the cover they provided was shockingly bad.

Mrsmcc

She didn't say new tax year sorry she said new holiday year which runs from.Jan to.jan

agrinnall

So the cleaning company is still operating, but the contract with the office where you cleaned has been lost. So you are still an employee of the cleaning company, and they have offered you an alternative position when you return from maternity leave, but you don't want to take it. I'm not sure if additional safeguards apply on return from maternity leave but it is possible that turning down the alternative could be seen as resigning.

Your annual leave accrued during (and before) the maternity leave should be paid even though it's now a new holiday year.

https://www.gov.uk/maternity-pay-leave/overview

Darksparkle

You aren't redundant then. Your employers still exists but the job isn't suitable for you.

What does your contract say about working hours/pay/travel?

Art_Deco

Maybe the other job will be more beneficial to you if it is more hours as 3 hours a week doesnt seem much at all.