Maternity return nightmare

kartingmad

Hi all 

just after some general advice.

very quick back story my wife was due to return to work next Wednesday but after around 3 months of her current company messing around not committing, changing job titles all the time and just being dam right disgusting to her she found alternative employment and has handed her notice in.

The head of HR phoned when he found out and basically asked if she was ok and could they do anything etc etc.

advice I need is that she is on 3 months notice and is happy to work this as she has so much holiday she is actually only going back like a day a week until xmas. 

When she spoke to the hr guy he was saying could it be an option that we release you early and my wife was like I’m happy to work it as I’m getting paid 3 months for basically 12 days work.

If they come back with an offer I’m under the impression that she will be entitled to her 3 months notice pay plus any accrued holiday while she has been on maternity?

I just want to make sure all our ducks are in a row before we argue with them as the hr guy mentioned that there may be an option to pay her the holiday and release her early. Surely they cannot do that?

thanks 

Masomnia

The way to think of this is that the 3 month notice period is an obligation that your wife has to the company, and they're saying they're willing to waive this, ie release her from her contractual obligation to work 3 months, but they can only do this if she consents. 

If she can start her new job sooner then that might be a good option for her.

If the notice is cut short with her consent they'll only have to pay her for the time she was employed and not the notice period that she's given up, but they will have to pay her for any outstanding leave she will have accrued up to her termination date but not taken. So that is an option for her, and they can do it, but she would need to consent, and if her notice period was shorter she will accrue less leave and as I say will be due less notice pay.

Of course she will start accruing annual leave when she starts at the new place.

If I were in her shoes and could start at the new place sooner I'd take the shorter notice option, but that's just me.

kartingmad

surely if my wife is happy to work it and they come back to her and say it’s been decided that we don’t want you to come back then they are obliged to pay 3 months plus accrued holiday 

Masomnia

If she's working and taking all the holiday during her notice period then there won't be anything additional to pay at the end; just her usual salary while she remains employed.

Masomnia

But broadly speaking yes if they say don't come back and she's willing to work they would have to pay her the outstanding notice + holiday.

TBagpuss

kartingmad said:

surely if my wife is happy to work it and they come back to her and say it’s been decided that we don’t want you to come back then they are obliged to pay 3 months plus accrued holiday 

No, they could require her to use up her holiday during her notice period. They would however have to pay her for any part of the notice period which can't be covered by accrued holiday or, if her accrued holiday is more than the notice period, for any accrued holiday left over at the end of that time. 
They have to give her notice to require the holiday to be used, so there may be a short period at the start when they can't actually compel her to take holiday, but they can require her to come in. 

JReacher1

I’m not sure you employer has to accept your wife taking her holiday during her three months notice period. They could potentially say they want your wife to work the notice and pay her for Untaken holidays. 

If they do come back with an offer to work less than three months notice they’re not going to pay her for three months notice as that would be of no benefit to them. 

Savvy_Sue

So she's found another job, but she's planning to continue at her old job for three months, working just one day a week and taking leave for the other four days? That may have been agreed, but it can still be changed, with notice, as outlined above. 

Is she postponing starting the new job for three months? Or planning to do that on the days she's on leave from the original job? 

If the latter, does she have any clauses in her contract about working for another employer?