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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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I am currently on maternity leave. My 12 months of maternity

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I am currently on maternity leave. My 12 months of maternity leave ends on 11 October and I am due to return to work on 12 October. However, I have successfully applied for voluntary redundancy. I have been employed by my employer for 13 years and 2 months so am entitled to 12 weeks notice. I have been informed that I am not required to return to work, as new systems have been implemented that I have not been trained on. My notice period starts on 17 September and I have been told that I will be paid in full from 12 October to 9 December (ie from when my maternity leave ends to the end of the 12 week notice period). This means that I will not receive any pay from 17 September to 11 October. Is that right? From what I've read on various legal websites, my understanding is that I should receive my usual full pay in this period otherwise I am being disadvantaged by being on maternity leave. Can you help please?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Has the employer actually confirmed that your notice period will run from 17 Sept?
Customer: replied 1 year ago.
Hi Ben. The date of 17 September is what my manager told me on the telephone during my dismissal 'meeting' on 11 September 2015. I received the formal dismissal letter dated 15th September 2015 yesterday and it says "Following the telephone conversation held with you on 11th September 2015, I am writing to confirm your termination of employment on the grounds of redundancy with effect from 9th December 2015. In accordance with both statute and your conditions of service, you are entitled to 12 weeks notice of the termination of your employment and the above dates provides you with this. As confirmed during our telephone conversation regarding your dismissal, you will not be required to return from maternity leave on 12th October 2015 and will be fully paid from 12th Ocotber to 9th December 2015. Please note that any outstanding leave that you are due will be used in this period."
Hope this helps, Trudy
Expert:  Ben Jones replied 1 year ago.
Your entitlements to pay during your notice period would depend on what your contract entitles you to on termination by your employer. You have been working there for over 13 years and by law would be entitled to 12 weeks’ notice. If your contract entitles you to the same period or less, then you would be due full pay during your notice period. However, if your contract entitled you to at least a week more for your notice (e.g. 14 week notice by contract) then the employer would not be obliged to pay you your normal pay during the notice period and would only be expected to pay you whatever you ae entitled to at the time the notice is served (so no pay if you have run out of maternity pay allowance, but full pay once you were due to return to work). In your case I assume your contract either states no notice period or it is equivalent to your statutory allowance of 12 weeks. If that is the case then you would be due your full pay for the full notice period. Some confirmation of this can be found here; http://www.xperthr.co.uk/faq/if-an-employee-resigns-while-on-maternity-leave-is-she-entitled-to-notice-pay/110482/ 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 1 year ago.
Thanks for your response, Ben. I've just checked my conditions of employment and my notice period is "not less than two calendar months". s advised, I have been employed by my employer for 13 years and 2 months so understand that the statutory notice period for the employer is 12 weeks. Is that right and, in my case, does your original response still apply?
Expert:  Ben Jones replied 1 year ago.
Yes you are correct. The statutory notice period you are entitled to is 12 weeks and your contract does not entitle you to at least a week more than that so you should get full pay for the full notice period
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46797
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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