Resigning whilst on Mat Leave - will I lose SMP?

the why bird · Apr 9th, 2012, 12:19 PM

I'm sure this must have been answered before but I can't seem to find what I need to know.

I'm on Mat leave, and my last return date would be December. However I'm moving about a hundred miles away due to my husband's work, so I know I definitely won't be going back. I want to hand in my notice, but if I do will I lose the rest of my SMP, as I receive it through my employer?

I would just put off resigning until my SMP ran out, but I work in a tiny team of three people, including the boss, and know they would really benefit from re-recruiting sooner rather than later. Also I would have to let them know about the change of address which will tip them off that I'm not likely to return, and I'd like to treat them decently by letting them know before hand.

I work for a local authority - I'm only receiving SMP because I chose to not receive the top up payments they offer until I returned to work, as I wasn't sure I wanted to return.

Thank you for reading.

My_First · Apr 10th, 2012, 08:15 AM

Yes you will, as you will no longer be employed. I would wait until the full notice period i.e. if its a month, in November, and then resign. It wont make a blind bit of difference if you have moved 100 miles or not, they cannot force you out in any way. I appreciate that you want to do the best by them, but you will loose out.

suzib76 · Apr 11th, 2012, 12:51 PM

you can let them know you wont be back and give your leaving date as when you would be due back

My_First · Apr 11th, 2012, 13:54 PM

Whilst in theory thats possible, if they decided to be arsey about it, they could then say, its okay, we will just take a months notice.

suzib76 · Apr 11th, 2012, 14:10 PM

they are not allowed to do that

My_First · Apr 11th, 2012, 14:53 PM

Quote:

Originally Posted by suzib76

they are not allowed to do that

If the contract is a months notice, I cant see why not?

They are under absolutly no obligation to, if you had in your notice.
However if they are reasonable they might.

suzib76 · Apr 11th, 2012, 15:13 PM

because its not handing in notice, its letting them know you intend to do so, in any case notice period is the shortest required, you are allowed to give longer

there would be no reason for the employer to terminate employment early, in the eyes of an employer it makes more sense to know whether or not an employer is returning. the SMP is paid by the government so it can be left to run its course without any hassle to the employer

My_First · Apr 11th, 2012, 15:39 PM

You are allowed to give longer but the employer is under no obligation to accept. I'm not arguing with you, I'm in hr. The notice period is for protection for both the employee AND employer.

Yes it could benefit them but as I said if they want to be arsey they don't have to accept.

suzib76 · Apr 11th, 2012, 15:40 PM

i wasnt arguing with you and tbh i couldnt care less what you are 'in'

fact remains employee is entitled to take full mat leave and not return, they are also allowed to let the employer know of this in advance

My_First · Apr 11th, 2012, 15:48 PM

Seriously, please watch your tone. Her employers may well be nice about it and yes, let her take the six months notice. However legally, they do not have to beyond a months notice (if that is her notice period). They are allowed to let them know in advance, which is notice period.

Apr 9th, 2012, 12:19 PM	#1
the why bird Mum (Mom) Active BnB Member Join Date: Feb 2011 Posts: 399	Resigning whilst on Mat Leave - will I lose SMP? I'm sure this must have been answered before but I can't seem to find what I need to know. I'm on Mat leave, and my last return date would be December. However I'm moving about a hundred miles away due to my husband's work, so I know I definitely won't be going back. I want to hand in my notice, but if I do will I lose the rest of my SMP, as I receive it through my employer? I would just put off resigning until my SMP ran out, but I work in a tiny team of three people, including the boss, and know they would really benefit from re-recruiting sooner rather than later. Also I would have to let them know about the change of address which will tip them off that I'm not likely to return, and I'd like to treat them decently by letting them know before hand. I work for a local authority - I'm only receiving SMP because I chose to not receive the top up payments they offer until I returned to work, as I wasn't sure I wanted to return. Thank you for reading.

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Apr 10th, 2012, 08:15 AM	#2
My_First Mum (Mom) BnB Addict Join Date: Jul 2010 Location: Reading Posts: 2,897	Yes you will, as you will no longer be employed. I would wait until the full notice period i.e. if its a month, in November, and then resign. It wont make a blind bit of difference if you have moved 100 miles or not, they cannot force you out in any way. I appreciate that you want to do the best by them, but you will loose out.

Status: Offline

Apr 11th, 2012, 12:51 PM	#3
suzib76 Mum (Mom) BnB Addict Join Date: Oct 2009 Location: x scotland x Posts: 6,850	you can let them know you wont be back and give your leaving date as when you would be due back

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Apr 11th, 2012, 13:54 PM	#4
My_First Mum (Mom) BnB Addict Join Date: Jul 2010 Location: Reading Posts: 2,897	Whilst in theory thats possible, if they decided to be arsey about it, they could then say, its okay, we will just take a months notice.

Status: Offline

Apr 11th, 2012, 14:10 PM	#5
suzib76 Mum (Mom) BnB Addict Join Date: Oct 2009 Location: x scotland x Posts: 6,850	they are not allowed to do that

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Apr 11th, 2012, 15:13 PM	#7
suzib76 Mum (Mom) BnB Addict Join Date: Oct 2009 Location: x scotland x Posts: 6,850	because its not handing in notice, its letting them know you intend to do so, in any case notice period is the shortest required, you are allowed to give longer there would be no reason for the employer to terminate employment early, in the eyes of an employer it makes more sense to know whether or not an employer is returning. the SMP is paid by the government so it can be left to run its course without any hassle to the employer

Status: Offline

Apr 11th, 2012, 15:39 PM	#8
My_First Mum (Mom) BnB Addict Join Date: Jul 2010 Location: Reading Posts: 2,897	You are allowed to give longer but the employer is under no obligation to accept. I'm not arguing with you, I'm in hr. The notice period is for protection for both the employee AND employer. Yes it could benefit them but as I said if they want to be arsey they don't have to accept.

Status: Offline

Apr 11th, 2012, 15:40 PM	#9
suzib76 Mum (Mom) BnB Addict Join Date: Oct 2009 Location: x scotland x Posts: 6,850	i wasnt arguing with you and tbh i couldnt care less what you are 'in' fact remains employee is entitled to take full mat leave and not return, they are also allowed to let the employer know of this in advance

Status: Offline

Apr 11th, 2012, 15:48 PM	#10
My_First Mum (Mom) BnB Addict Join Date: Jul 2010 Location: Reading Posts: 2,897	Seriously, please watch your tone. Her employers may well be nice about it and yes, let her take the six months notice. However legally, they do not have to beyond a months notice (if that is her notice period). They are allowed to let them know in advance, which is notice period.

Status: Offline

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