Looking for another job whilst on SMP

ChopperST

My wife has decided to look for another job whilst on SMP from her current employer. She went for an interview yesterday and her current employer got wind of it and have called her in for a meeting with HR and have sent her an email questioning her "loyalty."

Looking at the legalities of the situation she has done nothing wrong based on the advice on the GOV.co.uk website as my understanding is she can look for other employment whilst on maternity leave and can hand her notice in in the usual way giving her contractural notice period should she wish to leave her current employer and take up the new role.

I would appreciate any help someone with more knowledge could give prior to this meeting next week.

stuartJo1989

I am not sure to be honest.

One thing I'd say though is that pregnancy/maternity is a protected characteristic and the employer has to tread really carefully here. If they start to treat your wife unfavourably then the root cause of discrimination (which is due to seeking a new job) could well become blurred with the fact that she is pregnant etc.

http://www.acas.org.uk/index.aspx?articleid=5271

So I would keep that in your back pocket + keep hold of the "loyalty" email. Everyone is more than entitled to search for a job and, frankly, the company shouldn't be sending out silly emails like that. I'd be interested to know whether your wife would have received the email had she been working and went to an interview on her day off...

I'd wait for someone more knowledgeable about this sort of thing though and not take my post as gospel etc.

Gazzafatcityboy

Loyalty? Are they kidding? Unless it is written in your contract that you cant work for that particular employer or you have some industry specific clause restricting you then they can go do one.


Every job I worked, they know that there are always people on the lookout. If they find out that you are looking and as long as you don't call in sick, take long lunches etc for interviews its none of their business.


the right way would be them to ask why do you want to leave and (if they want you) asking you what you want to stay.


They could get in some really hot water demanding loyalty with an employment tribunal.

ChopperST

Thank you both for your replies.

Some nasty messages have come my wife's way this afternoon and she's very upset about it. She was approached out of the blue and decided there was no harm in going to the interview, she's worried that her employer is going to sack her / make her post redundant as a consequence.

Samsung_Note2

ChopperST wrote: »

Thank you both for your replies.

Some nasty messages have come my wife's way this afternoon and she's very upset about it. She was approached out of the blue and decided there was no harm in going to the interview, she's worried that her employer is going to sack her / make her post redundant as a consequence.

Which they can do whilst on Maternity leave,happend to my wife roughly 3 weeks before two years service.:(:(

sulphate

There is nothing wrong whatsoever in interviewing for other positions whilst on SMP, and actually it's none of her employer's business what she does whilst on maternity leave (unless she started working for a different organisation getting paid and tried to still get SMP from her previous employer!). She will continue to receive SMP until she starts back at work again, either with her current employer or a new one.

Your employer is on sticky ground if they are sending nasty messages and calling her in for HR meetings. It smacks of discrimination. Most employers worth their salt will know that...

ChopperST

My wife's boss lacks some very basic skills for her role and is very much a "blagger." She has missed my wife's input whilst she's been on leave and has been pestering her to go back early to support her i.e do her job for her and she can take the glory.

It is my opinion my wife's boss is panicking at losing her and is trying to intimidate her to stay...

ChopperST

Samsung_Note2 wrote: »

Which they can do whilst on Maternity leave,happend to my wife roughly 3 weeks before two years service.:(:(

Sorry to hear this, my wife has six years service so does have the protection from time in post and the fact she's on maternity.

Sarastro

Sounds like it is a small company? Anyway, they are acting completely out of order. Your wife can go for an interview with another company whilst on SMP exactly as everyone else can go for an interview at any time. The emails are out of order. Does your wife want to go back there? If so, I'd keep your powder dry for now. If she's offered the other job, she should take it!

ChopperST

Sarastro wrote: »

Sounds like it is a small company? Anyway, they are acting completely out of order. Your wife can go for an interview with another company whilst on SMP exactly as everyone else can go for an interview at any time. The emails are out of order. Does your wife want to go back there? If so, I'd keep your powder dry for now. If she's offered the other job, she should take it!

Yes small company regional office with only 3 employees in. Without my wife driving orders and looking after customers she has heard that work has dried up, so whilst she enjoyed her job it appears it wont be the same when she goes back hence why she considered this interview.