Any employment experts on here who might help?

[Mary HH]

Sorry this is long winded....

I am currently 22 weeks preg and was due to start mat leave on 28th May this year (not given formal confirmation yet, which is due week ending 6th March).

I have also just been given (yesterday) my final written warning that I have until 9th May to bring in £75,000 worth of sales to the company of thats it - dismissal - they have been by the book all the way down the line so there is no unfair dismissal claim to be had at all. I have been with the company for 5 and a half years I think would be entitiled to 5 weeks notice if dismissed?

So - question is - if I get dismissed on 9th will I get paid my 5 weeks notice or only 3 as the last 2 I will be on mat leave - If I get my notice amount for the first 2 weeks will I lose my 90% 6 weeks?

Or - should I take mat leave earlier then 9th May? what would then happen? also, if I did and they still dismissed me would I get paid my notice while on leave and would it be full pay with car allowance or just SMP.

Sorry - really long winded but I just dont know what to do - I waited for 3 hours at citizens advice this morning only to be told they dont know I should see a lawyer.... great help.

So, sorry if any one know the answers that would really help....

Thanks for reading.

 

[littleblonde]

I really wanted to help hun, but i dont no how being dismissed will effect it. Can you not check with your company hr department.

One thing though if you took your mat leave before 9th may then they cant sack you and you would get your SMP. If you get dismissed they probably wouldnt have to pay you smp as you dont work there (and this is paid through your wages which you wont have) and you woiuld need to apply for mat pay which im sure you would qualify for but that £123 a week you dont get 90% 1st. If they pay you 5 weeks for dismisal then you would get all 5 weeks. but i dont think you would get SMP as they wont be paying you, but you could apply for mat pay like i said.

 

[Cham]

If you have been continuously employed for 26 weeks at the 15th week before your baby is due, you are entitled to SMP regardless. If they dismiss you past this date, they would still have to pay you.

You are also entitled to your contractual notice, regarless of when you start your maternity leave, otherwise, it would be indirect sex discrimination (if you weren't starting your mat leave, they would have to give you notice).

 

[Mary HH]

I think I know what I am going to do... officially put that I will be going on leave on 14th June 2010 (1 day before my due date) but plan to take my holiday before I leave - 22 days will be my hols for the year (I think I am allowed to take it before I leave enough thought not accured yet?) making my last day 7th May - the day of my review.

If at the review I keep my job great - If I get sacked I should get 5 weeks paid notice at full pay then my normal maternity leave. I just dont have a job to go back to - is that right?

 

[littleblonde]

The other poster seemed to think so if you are still employed at 25 weeks. This does sound correct. I dont no enough on this to advise you. Maybe call the job centre and get them to advise you as well. Then you will no for sure

 

[Mary HH]

now worries littleblonde -
Thanks for your comments.

 

[Cham]

You may not have enough annual leave if you are dismissed. Although you may have, for example 28 days for the year, you do actually accrue it over the 12 months, so if you leave year starts in Jan for example, you may only have about 12 days, by the time your start your mat leave.

Personally, if I were you, I would play the pregnancy card and say you aren't feeling well (i.e. the performance problems are related to your pregnancy - tiredness, sickness etc), go off sick and make them deal with the performance when you get back. That way, you will accrue annual leave whilst on mat leave, you accrue continuous service (by the time you come back, you'll have 6 years service, so another weeks notice) and it gives you time to possibly find another job, if thats what you want.

I'm surprised that they would dismiss a pregnant lady as its quite risky. Pregnancy can be one of those 'get out of gaol free cards' and I'd play it if I needed to.

I work in HR, so I do deal with stuff like this all the time. I don't really know how your organisation deals with stuff like this, so I'm only giving some general info.

PS if you went off sick, they couldn't discipline you for that if its pregnancy related. Tell your GP your suffering from fatigue or something!!!