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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48455
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Good evening The employee is currently on maternity leave.

Resolved Question:

Good evening The employee is currently on maternity leave. Her due date of return to work is 13 July. Employee does not wish to return to work. Her statutory notice period is 8 weeks. She has given four weeks notice. She will be paid her annual leave which
accrued whilst she was away. Do we have to pay her in lieu of notice? Any other payments due?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, when did she submit her notice period?
Customer: replied 2 years ago.
12 june 2015
Expert:  Ben Jones replied 2 years ago.
Hello, if the employee has decided to resign during maternity leave and not return to work, she would still be expected to give you the contractual notice period she is bound by. You state that the ‘statutory’ notice period she must give is 8 weeks but cannot be true as the statutory notice periods apply to when an employer issues an employee with notice of dismissal, not when an employee resigns. So you must consult her contract of employment to see what notice period she is due to give you on resignation as that is what will govern this situation. In the absence of a contractual notice period for resignation she would only be obliged to give you a week’s notice. Assuming that she is obliged to give you 8 weeks notice under contract she would be expected to work the part of the notice period which falls after her maternity leave ends. If she is not going to come back to work then you can decide to let her go as soon as her maternity leave ends. However, she would not be due payment for the unworked part of her notice period as she was not ready and willing to work it. You would still be obliged to pay her any accrued holidays and the remainder of her maternity pay but apart from these and the notice period during her maternity leave there are no other payments due. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 2 years ago.
Sorry my wording..her contractual notice period is 8 weeks. Thks for the comprehensive answer. I'll give the rating -- many thks.
Expert:  Ben Jones replied 2 years ago.
Thanks for clarifying, so yes only pay her for the part of the notice period during ML period or any other period she is ready and willing to work
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