Resignation Letter Query?

[cms-help]

Having sorted out sickness pay yesterday (many thanks) I now have another query.


I am on a part-time fixed-term contract (0.8 FTE) to 31/08/2014.


Unplanned pregnancy which means maternity leave will start in May 2014.


I have submitted a letter to employer stating my last working day due to maternity leave will be ......


Have been asked for a second letter tendering my resignation with effect from the date I go on maternity leave.


Is there any harm in providing this letter?

No decision has been made as to whether the role will continue after 31/08/2014 officially although I know my job shares do not want full-time work permanently. They have agreed to cover from May until the end of my contract.


Thanks in hope of any advice.

[teaboy2]

Re: Resignation Letter Query?

If its fixed term contract and you go on maternity leave in may, where your contract ends on last day of August, then you should not need to give a letter of resignation, as you are not resigning, but merely taking your statutory entitlement to maternity leave. So you are entitled to maternity pay up until the 31st August (date your contract ends).

Sounds like the employer is wanting a letter of resignation to avoid paying you maternity pay that your entitled too. I.e. they may try and say, you give your notice on the and use the date you go on maternity as the date your employment terminated.

So no do not give them a letter of resignation and instead point out to them you have a statutory right to receive maternity pay until the effective end date of your fixed term contract, and if they refuse to pay, you will sue for breach of contract and automatic unfair dismissal. Not to mention sexual discrimination as well. Just because they have said they will pay you, doesn't mean they will. because if your resgnation with immediate effect date is the date your maternity period starts, they can say, well you resigned with immediate effect so we do not have to pay you maternity - basically i think they are trying to wriggle out of having to pay you maternity pay.

In fact, if they do not renew your contract at the end of the fixed term, you may be able to claim unfair dismissal and sexual discrimination too, as the question would be "Why did they not re employ you" and if it was related to your pregnancy, then you would have a claim.

You can find more info here - http://www.freelanceadvisor.co.uk/go...leave-and-pay/ - Bear in mind i know your not freelance but an employee, it does mention about fixed term contracts which is relevant to you.

[cms-help]

Re: Resignation Letter Query?

If its fixed term contract and you go on maternity leave in may, where your contract ends on last day of August, then you should not need to give a letter of resignation, as you are not resigning, but merely taking your statutory entitlement to maternity leave. So you are entitled to maternity pay up until the 31st August (date your contract ends).

Sounds like the employer is wanting a letter of resignation to avoid paying you maternity pay that your entitled too. I.e. they may try and say, you give your notice on the and use the date you go on maternity as the date your employment terminated.

So no do not give them a letter of resignation and instead point out to them you have a statutory right to receive maternity pay until the effective end date of your fixed term contract, and if they refuse to pay, you will sue for breach of contract and automatic unfair dismissal. Not to mention sexual discrimination as well. Just because they have said they will pay you, doesn't mean they will. because if your resgnation with immediate effect date is the date your maternity period starts, they can say, well you resigned with immediate effect so we do not have to pay you maternity - basically i think they are trying to wriggle out of having to pay you maternity pay.

In fact, if they do not renew your contract at the end of the fixed term, you may be able to claim unfair dismissal and sexual discrimination too, as the question would be "Why did they not re employ you" and if it was related to your pregnancy, then you would have a claim.

You can find more info here - http://www.freelanceadvisor.co.uk/go...leave-and-pay/ - Bear in mind i know your not freelance but an employee, it does mention about fixed term contracts which is relevant to you.

Many thanks. Entirely understand what you're saying.

Would it make any difference to your view if I told you I hadn't been there long enough to qualify for maternity pay from employer - I would just get Maternity Allowance from government?

So if the job continues then in September and moving forwards then I am giving up my right to return? If I don't resign and they do decide to continue to have job-shares then I would be protected to return if I so wished?

[teaboy2]

Re: Resignation Letter Query?

Many thanks. Entirely understand what you're saying.

Would it make any difference to your view if I told you I hadn't been there long enough to qualify for maternity pay from employer - I would just get Maternity Allowance from government?

So if the job continues then in September and moving forwards then I am giving up my right to return? If I don't resign and they do decide to continue to have job-shares then I would be protected to return if I so wished?

Right i see, well your still entitled to maternity leave and to claim maternity allowance.

You do not need to resign, so my view is they are doing it so you lose your protection of returning to work, or in this case to be re-employed after the current fixed term contract ends. Basically if the position is still available and not redundant, they would have to re-employ you. They can not simply employ another in your place and may only do so up till your date of return.

Form what you said in your first post, i was of the impression the date of resignation was the date you left for maternity leave. If that is the case, then that would be date employment terminates, and you would then not be able to get maternity allowance either - As your only eligible if your Employed.

So yes, by not resigning, and so long as the position is not redundant i.e. no longer exists, then you are protected to return. If the position still exists but they have employ another person to fill the position and you do not get re-employed after maternity leave, then its clear you were not re-employed as a result of your pregnancy, which would give you grounds to claim automatic unfair dismissal and sexual discrimination.

You are only entitled to maternity allowance, so long as you have been employed for a period of 26 weeks out of the 66 weeks before expected week of child birth (Doesn't matter if employment was with different employers) and if your currently employed at the time you go on maternity leave.

Where as Statutory maternity pay, is payable after 26 weeks of continuous employment with current employer.

[cms-help]

Re: Resignation Letter Query?

Right i see, well your still entitled to maternity leave and to claim maternity allowance.

You do not need to resign, so my view is they are doing it so you lose your protection of returning to work, or in this case to be re-employed after the current fixed term contract ends. Basically if the position is still available and not redundant, they would have to re-employ you. They can not simply employ another in your place and may only do so up till your date of return.

Form what you said in your first post, i was of the impression the date of resignation was the date you left for maternity leave. If that is the case, then that would be date employment terminates, and you would then not be able to get maternity allowance either - As your only eligible if your Employed.

So yes, by not resigning, and so long as the position is not redundant i.e. no longer exists, then you are protected to return. If the position still exists but they have employ another person to fill the position and you do not get re-employed after maternity leave, then its clear you were not re-employed as a result of your pregnancy, which would give you grounds to claim automatic unfair dismissal and sexual discrimination.

You are only entitled to maternity allowance, so long as you have been employed for a period of 26 weeks out of the 66 weeks before expected week of child birth (Doesn't matter if employment was with different employers) and if your currently employed at the time you go on maternity leave.

Where as Statutory maternity pay, is payable after 26 weeks of continuous employment with current employer.

The clause regarding SMP from employer is:

"Have you been with your current employer for 26 weeks by the 15th week before Expected Week of Confinement?"

The answer is no. I will have 26 weeks employment out of the last 66 but not by 15 weeks before due date - hope that makes sense. So in terms of pay then it's Maternity Allowance.

I have been asked to submit a letter of resignation with effect from the date I wish my maternity leave to start. The letter I originally submitted merely stated I would like to take maternity leave with effect from......as I didn't feel I was resigning, I was merely going on maternity leave and if the job didn't continue at the end of my contract then the job didn't continue.

I did sense a little cageiness when I was asked for this second letter, as though the person asking wasn't comfortable with asking.

I would like the right to choose to return as part-time jobs are difficult to come by. Also received an excellent first performance appraisal so no issues with my work that I have been made aware of.

Thanks for your help. I shall gracefully decline to provide such a letter.

[teaboy2]

Re: Resignation Letter Query?

No problem - Let us know what they say, when you tell them you will not be providing a letter of resignation, as you are not resigning. They may not like it and may try to push the issue in which case, you will be needing some more advice from us, and help drafting a straight to the point "I know what your up to and it ain't going to work with me!" letter to them.

[Amethyst]

Re: Resignation Letter Query?

This is a useful calculator. https://www.gov.uk/maternity-paterni...or/y/maternity - to see what your employer should be doing and what date your maternity leave should start. Might be worth checking dates there as well as https://www.gov.uk/calculate-your-maternity-pay/y

Putting pressure on you to resign due to your pregnancy and maternity leave is classed as unfair discrimination, regardless of whether you would be entitled to maternity pay or allowance or not.

[cms-help]

Re: Resignation Letter Query?

Thanks for that. I don't believe there is any issue over pay - employer hasn't returned my MATB1/SMP1 form yet (well they may have but haven't been at work since I got it so it may well be sat at work for me - HR matters handled centrally and not where I work), I just figured out that I wouldn't be entitled to SMP myself based on contract but that would be eligible for MA. Obviously I'd rather not jeopardise those payments either!

The issue, for me, is the request for a resignation letter and the impact that would have if the fixed-term contract is extended from September next year. I can't actually say that I feel pressured to write a resignation letter. There has been a simple request a few weeks after I submitted my maternity letter but no repeated request.

I wasn't sure what 'protected rights' I had to return to work when my contract expires during maternity leave but it seems they have to take me back if the position continues. If I had no right to return due to contract expiration then there would be no harm in resigning but expecting obviously changes the situation somewhat. Hope that makes sense.