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Hi all,
I am looking for some help for a family member as they have turned to me for help and I do have a little knowledge but thought you guys would be great for some help please?!?!?!?
My family member went on maternity leave in May last year and is therefore due back in May this year by using her full Maternity Leave of 52 weeks.
She has today received in the post her P45 along with her P60 and attached a compliment slip. There is no accomanying letter stating why has she been dismissed. Point to note is that the date on her P45 is 15th March and it was received today (12th April) and postmarked yesterday.
Upon speaking to her, they have never confirmed in writing to her either when her maternity leave started or ends and i was under the impression that this should have been issued to her within 28 days of her notifying her employer she was pregnant by officially giving them her MATB1 form.
There has been no communication from them at all during her maternity leave, no phone calls, no offer of KIT days etc. There has been no communication either regarding her returning to work, redundancy or any other reason for not keeping her on. They have obviously not followed any dismissal procedure and she has no reason in writing or by phone what the reason for dismissal actually is.
Am I right in saying that she would have a case for unfair dismissal? If so, would the first thing to be to write to the employer to get them to confirm in writing the reason for dismissal to see what they say or is there another action that we should be taking?
Any advice or help would be greatly appreciated.
Thanks
I am looking for some help for a family member as they have turned to me for help and I do have a little knowledge but thought you guys would be great for some help please?!?!?!?
My family member went on maternity leave in May last year and is therefore due back in May this year by using her full Maternity Leave of 52 weeks.
She has today received in the post her P45 along with her P60 and attached a compliment slip. There is no accomanying letter stating why has she been dismissed. Point to note is that the date on her P45 is 15th March and it was received today (12th April) and postmarked yesterday.
Upon speaking to her, they have never confirmed in writing to her either when her maternity leave started or ends and i was under the impression that this should have been issued to her within 28 days of her notifying her employer she was pregnant by officially giving them her MATB1 form.
There has been no communication from them at all during her maternity leave, no phone calls, no offer of KIT days etc. There has been no communication either regarding her returning to work, redundancy or any other reason for not keeping her on. They have obviously not followed any dismissal procedure and she has no reason in writing or by phone what the reason for dismissal actually is.
Am I right in saying that she would have a case for unfair dismissal? If so, would the first thing to be to write to the employer to get them to confirm in writing the reason for dismissal to see what they say or is there another action that we should be taking?
Any advice or help would be greatly appreciated.
Thanks
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