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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49845
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am employed full time and at present on maternity leave,

Customer Question

I am employed full time and at present on maternity leave, I have recently been offered a weekend job with another company. My full time employer has informed me ,if I work at weekends for a differant company I will forfeit the remaining maternity pay this is due to the fact i am saying that i am fit to return to work. if i take on a different job even part time, is that i need to keep my tax allowance being used. For me to take them with me they will need to do a P45, Which will terminate my employment and the right to go back to work for my full time job. could you please advise me if this is correct.

kind regards
Submitted: 4 years ago.
Category: Employment Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :
Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded. For now please let me know what you would like to achieve?
JACUSTOMER-nz819xxg- :

I would like to know if my employer has informed me correctly

Expert:  Ben Jones replied 4 years ago.
Many thanks for your patience. If you are working for an employer during maternity leave, for which you did not work during the 15th week before the baby was due, your original employer must stop paying statutory maternity pay from the start of the week that you work for this new employer. However that does not terminate your employment, it simply means that you will not longer receive SMP from your original employer. You continue being their employee all the way up to the end of maternity leave and should then be allowed to return to work as normal.

Also note however that according to Reg. 18 of The Maternity and Parental Leave etc. Regulations 1999, an employee who takes additional maternity leave (i.e. between 6-12 months off) is entitled “to return from leave to the job in which she was employed before her absence, or, if it is not reasonably practicable for the employer to permit her to return to that job, to another job which is both suitable for her and appropriate for her to do in the circumstances.”

So as you can see there is no guarantee of a return to the job you performed before going on maternity leave. If the employer believes that it is not reasonably practicable to allow you to return to that job, they need to find you something that is suitable and appropriate for you to do in the circumstances. If no such opportunities exist then it could come down to this being a redundancy situation, in which case they will need to follow a fair redundancy procedure.

I hope this has answered your query and would be grateful if you could please take a second to leave a positive rating. Your question will not close and I can continue providing further advice if necessary. Thank you