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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 59667
Experience:  Qualified Solicitor
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I finished the maternity leave and got back to work as a

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Hi. I finished the maternity leave and got back to work as a part time . After 2 weeks of work I let them know that I can’t come to work because the nanny can’t come . I announced the manager with 3 days before that but she asked me to give resignation. And they send the p45
Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: No
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: No

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

How long have you worked there for?

Customer: replied 6 days ago.
1 year plus 11 months of maternity leave.

Thank you so did you just not manage to come to one shift?

Customer: replied 6 days ago.
I didn’t manage to come on 2 shifts because the nanny of the baby couldn’t come. And I let them know about this with 2 days before.

When exactly did you start working there as that may be important?

Customer: replied 6 days ago.
I started working on 16 September 2017 for one year and on September 2018 I left in maternity and got back to work on 16 August 2019 as a part time worker for 2-3 days a week as I agreed verbal with the manager .

What date did they out on the P45 as being your last one?

Customer: replied 6 days ago.
22 August

Ok thanks. Whilst you do not usually have protection against unfair dismissal in the first 2 years of employment, there are certain exceptions to this when you could be unfairly dismissed regardless of how long you have worked there for.

One of these is if you were dismissed for exercising a legal right and in your case you would have tried to exercise your right to take time off for dependents. This is when you need to take time off to deal with an unexpected issue or emergency involving your dependents. Here you had no childcare cover at short notice and could not arrange for anyone else to look after them so you had to remain off to look after them.

https://www.gov.uk/time-off-for-dependants

If they dismissed you for it you can consider challenging this as an automatically unfair dismissal and make a claim in the Employment Tribunal within 3 months.

Before a person can make a claim in the employment tribunal, they would be required to participate in mandatory early conciliation through the Advisory Conciliation and Arbitration Service (ACAS).

The purpose of this process is to allow ACAS to mediate between the claimant and respondent to agree on an out of court settlement in order to avoid the need for legal action in tribunal. The respondent does not have to engage in these discussions, or if they do and the talks are unsuccessful, the claimant will be issued with a certificate allowing them to make a claim.

However, if a settlement is reached, the claimant would agree not to proceed with the claim in return for the agreed financial settlement. Other terms can also be agreed as part of the settlement, such as an agreed reference.

To initiate the conciliation procedure ACAS can be contacted online by filling in the following form (https://ec.acas.org.uk/Submission/SingleClaimantPage), or by phone on 0300(###) ###-####

If the conciliation process was not successful and you then wanted to make a formal claim in tribunal, you can do so here:

https://www.employmenttribunals.service.gov.uk/apply

Does this answer your query?

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Customer: replied 5 days ago.
many thanks for your time

All the best

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