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    • Christmas-fairy
    • By Christmas-fairy 13th Jul 17, 3:13 PM
    • 10Posts
    • 10Thanks
    Received P45 whilst on maternity leave
    • #1
    • 13th Jul 17, 3:13 PM
    Received P45 whilst on maternity leave 13th Jul 17 at 3:13 PM
    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?
Page 2
    • jobbingmusician
    • By jobbingmusician 16th Jul 17, 11:05 AM
    • 19,141 Posts
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    Are you actually entitled to maternity leave in this new job? You are not, unless you worked for this employer for 26 weeks up to the qualifying week. The QW is 15 weeks before your expected childbirth date.

    I have added 26 weeks to 15 weeks, starting in September, and it seems very marginal to me..... Have I got this wrong or did you manage to get preggers almost immediately on starting this new job?
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    • Christmas-fairy
    • By Christmas-fairy 16th Jul 17, 11:09 AM
    • 10 Posts
    • 10 Thanks
    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
    • By Masomnia 16th Jul 17, 1:05 PM
    • 17,196 Posts
    • 38,131 Thanks
    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
    • By getmore4less 16th Jul 17, 2:47 PM
    • 32,035 Posts
    • 19,223 Thanks
    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?
    Originally posted by anamenottaken
    longer contractual notice can throw out the statutory requirement to full pay during statutory notice.
    • getmore4less
    • By getmore4less 16th Jul 17, 2:54 PM
    • 32,035 Posts
    • 19,223 Thanks
    and subject to receiving appropriate notice of the time to be taken.
    Originally posted by General Grant
    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!
    Originally posted by Undervalued
    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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