maternity leave problems

Beautyrose170

t0rt0ise wrote: »

It seems to me that it's the OPs fault for trying to keep ESA instead of claiming maternity pay. Puts the employer in a difficult position.

I'd be claiming MA which I apply to the government for I'm not entitled to SMP through work as I don't earn enough per week. When I spoke to DWP they said it would be easier to stay on ESA and not claim MA as MA is taken from your ESA leaving me with two different payments which then confuse each other. I'm just trying to follow advice from DWP

nicechap

In their other thread which they didn't have the curtesy to update, they were working for 15 hours and wanted light duties which their GP would write them a fit note for without assessing them.

Admittedly the below quotes are selective, but surely this is a wind up thread?

Beautyrose170 wrote: »

I'm claiming what every child is entitled to child benefit and child tax credits! Every child is entitled? Regardless of being on benefits?

Beautyrose170 wrote: »

.... I just wanted to know my rights ......

When I go on maternity leave I would have been working there over a year and I work 16 hours a week (which in my job is classed as full time- stated in my contract - others work less between 6-10 hours per week)

I'm not after money or taking to tribuneral money doesn't mean a lot to me. I just want what I'm entitled too. If I'm entitled to my holiday then surely I should get it.

And I also want to ensure I have a job to go back to as I love my job and couldn't imagine doing anything else

Beautyrose170 wrote: »

.........I know how I'm going to pay for this child by working. ....

Beautyrose170 wrote: »

I know how this child is going to be funded by me going to work. ......
I don't want to confuse the benefit system by getting MA ....

Beautyrose170 wrote: »

I'd be claiming MA which I apply to the government for ....

sangie595

Kayalana99 wrote: »

Calm down. Giving someone a p45 with the 'promise' of re hiring them because they are pregnant IS ILLEGAL. No, it isn't. It might be unlawful. It is definitely not illegal.
There is no 'special case' here. Meditation and trying to solve the issue would become null because she is getting FIRED.No, she is not. But (a) mediation is a legal requirement (they OP has to apply for it before they can make a claim) and (b) she has not discussed her objection to this with the employer - it's called an appeal. Required. Although as yet they have not even done it - they suggested it and nothing more.

They can word it however they like, but she is essentially being sacked on the promise of a new job (which they wouldn't have to honour as she'd no longer work for them offically) when she is ready to come back in a year and it's being done at her expense so they can save costs. No she is not being sacked. Being sacked is being sacked. Your moral outrage doesn't make it true.

None of this is fair, and she'd have an excellent case.

She has NO case. There is nothing to have a case of yet. She MIGHT have a case at some point. But your advise is WRONG and your links are to US law. You don't know what you are talking about, and advice like this WILL get the OP fired!

sangie595

Beautyrose170 wrote: »

I know how this child is going to be funded by me going to work. This is why I want to make sure I have a job to come back to? Yes I am on esa because I couldn't cope with working full time. But that doesn't make me any less of a human being and saying I can't parent

I don't want to confuse the benefit system by getting MA (the DWP have said on the phone to me it would and I would always need to check my payments)

I was looking for advice not being targeted

What you need to understand is that this is not always about the law. Sometimes it is about thinking strategically. From what you have sais previously, the employer, despite your concerns about rights, doesn't appear to have been bad. They made the adjustments you wanted. Now you can tell them that you refuse to accept a P45. And if they do it anyway, you can appeal what would at that time (because discussing it isn't the same thing) be a dismissal. You could then apply for mediation with ACAS, and then you could make a tribunal claim; a tribunal claim which would almost certainly be low value, and if you think your mental health is poor right now, wait until you see what that tribunal will do to it - they are hard work, and there is no legal aid.

At the end of the tribunal you won't have a job. That will still be the case. And you won't have a reference either. How easy will it be getting another job with poor health and no reference?

Now, as I said before, if the employer needs to get rid of you, they would need to be careful doing so - but it can be done, maternity leave or not. So they can "not let you come back" anyway - they just have to be careful about it. So the real issue is that accrued holiday pay and whether accrued holiday pay for a very part-time job is worth antagonising them. It's a small employer, and I doubt they have any idea about what they are doing, but start talking about your rights and they will lawyer up fast. At which stage you can kiss goodbye to the job. If that is ok with you, then fine - take the risk that that is what they do. But it seems right now that you have an employer who you barely work any hours for, and have hardly had the job for two minutes, and everything is all about you and your rights to your mind. If this really is a small family concern as you said before, how would you think they will take it being landed with legal threats over someone that they took a risk on? Because they did - given your health history, many employers wouldn't have touched you with a bargepole, and they certainly wouldn't have gone to such efforts to provide the hours you needed and to make adjustments without any qualms when you wanted them.

So if you want to go down that path, that's your choice. But be fully aware of the risks you are taking. There is more than one way to lose a job.

Beautyrose170

sangie595 wrote: »

What you need to understand is that this is not always about the law. Sometimes it is about thinking strategically. From what you have sais previously, the employer, despite your concerns about rights, doesn't appear to have been bad. They made the adjustments you wanted. Now you can tell them that you refuse to accept a P45. And if they do it anyway, you can appeal what would at that time (because discussing it isn't the same thing) be a dismissal. You could then apply for mediation with ACAS, and then you could make a tribunal claim; a tribunal claim which would almost certainly be low value, and if you think your mental health is poor right now, wait until you see what that tribunal will do to it - they are hard work, and there is no legal aid.

At the end of the tribunal you won't have a job. That will still be the case. And you won't have a reference either. How easy will it be getting another job with poor health and no reference?

Now, as I said before, if the employer needs to get rid of you, they would need to be careful doing so - but it can be done, maternity leave or not. So they can "not let you come back" anyway - they just have to be careful about it. So the real issue is that accrued holiday pay and whether accrued holiday pay for a very part-time job is worth antagonising them. It's a small employer, and I doubt they have any idea about what they are doing, but start talking about your rights and they will lawyer up fast. At which stage you can kiss goodbye to the job. If that is ok with you, then fine - take the risk that that is what they do. But it seems right now that you have an employer who you barely work any hours for, and have hardly had the job for two minutes, and everything is all about you and your rights to your mind. If this really is a small family concern as you said before, how would you think they will take it being landed with legal threats over someone that they took a risk on? Because they did - given your health history, many employers wouldn't have touched you with a bargepole, and they certainly wouldn't have gone to such efforts to provide the hours you needed and to make adjustments without any qualms when you wanted them.

So if you want to go down that path, that's your choice. But be fully aware of the risks you are taking. There is more than one way to lose a job.

My work are a large family company, this is just one establishment to them.

I work what classed to them as full time. And I've been there a long time according to them (most people don't stay as it's more seasonal work where as I work all year)

I will be stating my rights like any other human would be. They took me on as they saw potential (hence why I ended up a supervisor in a short period of time) they have no clue about my health history as they have never needed to know. It's not a thing I must disclose. It has never ever effected me coming to work. The only time I haven't been in is if there has been problems with the pregnancy.

Without working for this company you will see there flexible to everyone not just because I've asked hours to be changed. There more than happy to accommodate as life can get in the way of a job and we al work hours around our families. They have been great but when another pregnant women is entitled to one thing and I'm entitled to another it does make me feel like I need to stand up for myself

sangie595

Beautyrose170 wrote: »

My work are a large family company, this is just one establishment to them.

I work what classed to them as full time. And I've been there a long time according to them (most people don't stay as it's more seasonal work where as I work all year)

I will be stating my rights like any other human would be. They took me on as they saw potential (hence why I ended up a supervisor in a short period of time) they have no clue about my health history as they have never needed to know. It's not a thing I must disclose. It has never ever effected me coming to work. The only time I haven't been in is if there has been problems with the pregnancy.

Without working for this company you will see there flexible to everyone not just because I've asked hours to be changed. There more than happy to accommodate as life can get in the way of a job and we al work hours around our families. They have been great but when another pregnant women is entitled to one thing and I'm entitled to another it does make me feel like I need to stand up for myself

In that case I have no idea why you asked since you change your story to suit whatever you have decided to do anyway. Good luck with the job search. And don't spend the tribunal win before you get it. I'm out.

pioneer22

As I said.... another child no hope.