Dismissed while on Maternity Leave

[mariefab]

Re: Dismissed while on Maternity Leave

Can you look again at the 3 emails you received in May and type out here exactly what was written each of them regarding or implying your dismissal?

[NK1]

Re: Dismissed while on Maternity Leave

Of course.. Please see below:
Xx May 2015 - I received my P45 in the post which states my Leaving Date as xx April 2015. This was sent without any covering letter, explanation or contact from the Respondent. I took this to mean that my employment with the Respondent was terminated and then e-mailed the consultant at the agency immediately querying this; “Please can you explain why have I received this (P45) when I am on maternity leave currently and have not left the agency?”
Xx May 2015 - Agency consultant replied that I had received my P45 as I wasn’t getting SMP from the Respondent and I would “need to re-register” when I finished my maternity leave. I understood this to mean that my employment was no longer continuing, and I would be treated as a new employee. I then queried about accrual of holidays during maternity, as discussed and agreed in our meeting on xx November 2014.
Xx May 2015 - Agency Manager responded I would not accrue holidays and “should I wish to re-register once your maternity leave is complete then please call to discuss” which again I took to mean my job was not continuing. I then replied to the agency manager, in which I made it very clear that I understood this to mean that I had been “sacked".The Agency Manager then replied stating “you do not accrue holidays when you no longer work for the agency ”.
In addition, having been denied accrual of holiday whilst on maternity leave, which is a statutory right, this was further evidence I was no longer employed by the Respondent.

The words in quotes are the exact words from the e-mails.

Please let me know if you need any further details.

I really appreciate all your help in this matter [MENTION=26290]mariefab[/MENTION].

[mariefab]

Re: Dismissed while on Maternity Leave

They seem to be banking on the fact that at no time have you been specifically informed, "you are dismissed" and that (once you alleged discrimination) they made every effort to get you to return.

Receiving a P45- On it's own this doesn't neccessarily imply dismissal. For example, it's fairly common practice that tranferring employers send out P45s when a TUPE process takes place.
In your case they have explained it as something that their systems automatically do after a period of inactivity; which is a legitimate process for an agency.

"need to re-register"- This could be neccessary simply to reinstate you on their payroll system after a period of inactivity.

"should I wish to re-register once your maternity leave is complete then please call to discuss" & “you do not accrue holidays when you no longer work for the agency"- These 2 statements,in isolation, are potential indicators of dismissal. However, much depends on what else was said around that time.

When deciding whether, or not, you were dismissed, a Tribunal will consider all the objective evidence not what you took or understood things to mean.
I'm not trying to discourage you. It's just that you need to be aware of what you must actually prove.

Could you post the complete email chain here so that we can make a better informed assessment?
(Or, if you are reluctant to put the whole email chain on a public website you can pm it to me.)

[NK1]

Re: Dismissed while on Maternity Leave

Thanks very much @mariefab

I understand where you are coming from.

I have sent it to you in a pm.

[mariefab]

Re: Dismissed while on Maternity Leave

I'm afraid that, after reading the full text of the email chain, I believe that your unfair dismissal claim is not very sound and I think that you would be ill-advised to continue to persue it.

Although some of the phrases used imply dismissal, other parts of the emails (for example- "when you return") indicate that dismissing you wasn't their intention. Further, the letter in post#43 states that this was made clear to you at the meeting in July? and followed up in writing.

They were wrong to state that you aren't entitled to accrue holidays while on maternity leave.
However, that mistake, on it's own, doesn't amount to discrimination on the grounds of maternity. If you do decide to return the mistake could be corrected.

I think that you should accept their renewed £offer and withdraw your claims.