Received P45 whilst on maternity leave

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  • Christmas-fairy
    Christmas-fairy Posts: 10 Forumite
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    That calculation is used for Statutory Maternity Pay, which I was not entitled to so claimed Maternity Allowance.
    Yes I'm entitled to Maternity Leave and my employer has confirmed in writing I'm entitled to 52 weeks maternity leave
  • Masomnia
    Masomnia Posts: 19,506 Forumite
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    Quite right, you're entitled to mat leave from day 1 of service, it's whether you get statutory maternity pay or not that is dependent on length of service.

    How did you get on with ACAS?

    As Undervalued said they won't give you 'legal advice' but they should give you an understanding of your rights.
    “I could see that, if not actually disgruntled, he was far from being gruntled.” - P.G. Wodehouse
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    anamenottaken wrote: »
    If you have not been replaced as maternity cover for the original member of staff but her duties are being covered by existing members of the team, then there would appear to be a fair reason for your dismissal, that is on the grounds of redundancy.

    However, do check they have paid for any holiday accrued but not taken and paid at least one week's notice pay (if you can prove they didn't give you notice - and more if contractually you were entitled to more notice). Were there any adjustments on your payslip?

    longer contractual notice can throw out the statutory requirement to full pay during statutory notice.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    General_Grant wrote: »
    and subject to receiving appropriate notice of the time to be taken.
    Undervalued wrote: »
    Correct. The must give notice of at least twice the length of the holiday. If they want to be really difficult they could keep giving two days notice to take a day's leave!

    contractual terms can mean that notice can be Zero or notice previously given ie. a term that says all holiday accrued during maternity must be taken in advance.
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