Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
No problem at all. How long has the employee worked for your business?
OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.
Many thanks for your patience. Whilst she can try and make you feel guilty about this, the fact f the matter is that there is a clear legal position on this and whether she likes it or not her rights will be determined by law, rather than what she thinks is fair.
The pay someone gets during maternity leave is determined by law and by contract. So if you offer her any company maternity pay then this would be detailed in her contract or policy and if you do not, then she would get the statutory minimum as determined by law. There is not much you can do about that and the fact it will eventually run out or be severely reduced.
If she was unhappy with going on no pay then she should have arranged for an earlier return from maternity leave. It is up to the employee to decide how much of her maternity leave entitlement she wants to take, up to a maximum of 52 weeks. This 52 week period is the expected time of return unless she advises you otherwise. If she wants to return earlier than that then she needs to advise you in advance by giving you 8 weeks notice, although you can accept a shorter notice period if you wanted to.
If she is unhappy about the fact her maternity pay has run out and cannot return earlier than planned then sadly that is her own issue and not something you can be blamed for. Ignore the emotional blackmail and just stick to the rules – you seem to be telling her the right things and going about this the correct way already so continue in that way.
I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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
You certainly do not have to be making her redundant just because she wants to claim benefits. In fact if there is no genuine redundancy situation you cannot make anyone redundant anyway, that would be unlawful. So you will have to tell her that there is no redundancy situation at present and you cannot make her redundant so even if that does not suit her situation, there is sadly not much you can do about it