Received P45 whilst on maternity leave
Christmas-fairy
Posts: 10 Forumite
In September last year I was recruited for a maternity cover role which my contract states my contract ends when the lady I am providing cover for returns to work. (She is still not due to return until the end of this year)
In the meantime, I had unknowingly fallen pregnant myself, so my maternity leave started a couple of weeks ago. I was not eligible for SMP due to the length of time with my employer, but they did write to me granting 52 weeks maternity leave and I am claiming Maternity Allowance.
Last week I received my most recent pay slip from my employer along with a P45, stating my last working day as the day I left for maternity leave.
This came totally out of the blue, as I did not resign from my role and they did not inform me that I was being dismissed, I can only assume it is because I am on maternity leave and the lady I was covering is due to return to work before me.
They have not recruited a replacement whilst I am on leave, the rest of the team are overseeing different parts of the role between them.
I have emailed HR to ask them to provide a written explanation of why I appear to have been dismissed (this was 4 days ago and still no response).
Is this classed as maternity discrimination? As it appears I have been dismissed for going on maternity leave?
In the meantime, I had unknowingly fallen pregnant myself, so my maternity leave started a couple of weeks ago. I was not eligible for SMP due to the length of time with my employer, but they did write to me granting 52 weeks maternity leave and I am claiming Maternity Allowance.
Last week I received my most recent pay slip from my employer along with a P45, stating my last working day as the day I left for maternity leave.
This came totally out of the blue, as I did not resign from my role and they did not inform me that I was being dismissed, I can only assume it is because I am on maternity leave and the lady I was covering is due to return to work before me.
They have not recruited a replacement whilst I am on leave, the rest of the team are overseeing different parts of the role between them.
I have emailed HR to ask them to provide a written explanation of why I appear to have been dismissed (this was 4 days ago and still no response).
Is this classed as maternity discrimination? As it appears I have been dismissed for going on maternity leave?
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Comments
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Christmas-fairy wrote: »In September last year I was recruited for a maternity cover role which my contract states my contract ends when the lady I am providing cover for returns to work. (She is still not due to return until the end of this year)
In the meantime, I had unknowingly fallen pregnant myself, so my maternity leave started a couple of weeks ago. I was not eligible for SMP due to the length of time with my employer, but they did write to me granting 52 weeks maternity leave and I am claiming Maternity Allowance.
Last week I received my most recent pay slip from my employer along with a P45, stating my last working day as the day I left for maternity leave.
This came totally out of the blue, as I did not resign from my role and they did not inform me that I was being dismissed, I can only assume it is because I am on maternity leave and the lady I was covering is due to return to work before me.
They have not recruited a replacement whilst I am on leave, the rest of the team are overseeing different parts of the role between them.
I have emailed HR to ask them to provide a written explanation of why I appear to have been dismissed (this was 4 days ago and still no response).
Is this classed as maternity discrimination? As it appears I have been dismissed for going on maternity leave?
Well, it was your last working day. And as you don't qualify for SMP, your employer is not going to pay you anything until you return to work. Have you told them when you intend returning to work for them?
I'm not 100% convinced that receipt of a P45 in these circumstances necessarily equals a dismissal.0 -
Perhaps they dismissed you for one of the millions of other non-protected reasons that they can think of?0
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But surely they should have communicated with me regarding dismissal or called me in for a meeting to investigate?0
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Well they don't need to investigate, they can sack you for any reason other than those protected.Christmas-fairy wrote: »But surely they should have communicated with me regarding dismissal or called me in for a meeting to investigate?0 -
I imagine it's to simplify it. You were supposed to finish work at the end of this year. You can't. Therefore you finished when you finished.
There's no pay or employment issues to resolve, and you weren't expecting to return as your maternity would go way pay your original end date anyway.0 -
Well, it was your last working day. And as you don't qualify for SMP, your employer is not going to pay you anything until you return to work. Have you told them when you intend returning to work for them?
I'm not 100% convinced that receipt of a P45 in these circumstances necessarily equals a dismissal.
Why would the OP expect to return to work? Their contract ends at the end of this year (in line with the maternity...)0 -
Actually, it may well be very important - the OP continues to accrue leave whilst on maternity leave, so the termination date is actually quite important. Unless they have paid the leave that would be due and properly completed the process, then the employer has acted wrongly.
But no it is not yet discrimination. More likely an error. Speak to your manager, not HR. HR and payroll more often than not action what a manager has said - or what they think they have said.0 -
Thank you. That's exactly what I mentioned in my email request to HR, as I believe I am still entitled to accrue holiday pay whilst on mat leave.
I will ask my manager, as I'm not getting anywhere with HR0 -
Christmas-fairy wrote: »But surely they should have communicated with me regarding dismissal or called me in for a meeting to investigate?Well they don't need to investigate, they can sack you for any reason other than those protected.
They still need to provide her with a written statement as to why she was dismissed.“I could see that, if not actually disgruntled, he was far from being gruntled.” - P.G. Wodehouse0 -
Christmas-fairy wrote: »Thank you. That's exactly what I mentioned in my email request to HR, as I believe I am still entitled to accrue holiday pay whilst on mat leave.
I will ask my manager, as I'm not getting anywhere with HR
Yes, you are.“I could see that, if not actually disgruntled, he was far from being gruntled.” - P.G. Wodehouse0
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