Any employment experts?

[lee]

My wife has just come to the end of her 12mth maternity and wont be working again.

Her contract states one month notice but she does not want to work that and has told them today (after we secured some shares that vested last week) that she does not wish to return.. If the employer (who has had a temp covering for the past 12mths) decides they want to take this further, what's the worst outcome for us financially?

 

[DaveP]

Her employer can sue her for breach of contract. This is to cover for damages like employing temporary staff for the notice period, loss of revenue etc. She could request to be put on gardening leave for the remainder of the contract I suppose?

 

[martin-s]

And people wonder why pregnant women are sometimes disadvantaged in the workplace...

 

[scottmccloud]

I'd imagine the cost and hassle of taking legal action will far outweigh the benefits of just letting an employee leave and paying them what they are owed. If they made her work it, they're not exactly going to get the best out someone who really doesn't want to be there are they?

I'd just be upfront and ask to go.

 

[ian]

See really should have handed in her notice to apply within the 12 month maternity to avoid such issues. They could take action in my opinion; hopefully they won't.

 

[lee]

See really should have handed in her notice to apply within the 12 month maternity to avoid such issues. They could take action in my opinion; hopefully they won't.

She couldn't do that as we would have lost the chance to purchase the shares that had vested. I have bought them now and we have received the certificate, hence why the notice was handed in late.

 

[Adam H]

In that Maternity did the employer contribute to maternity pay or did you just receive statutory pay of something silly like £130 a week ?

Please note im only guessing, but if you only got statutory pay then there is little your employer will do because it would be a waste of effort or time to try and retain a month notice.

If however you've had money on top of your statutory pay i would "assume" that there was a chance you would be asked to repay whats been given to you under the assumption you would return to work.

My Missus employer doesnt add anything so its just statutory ( complete garbage ) but my sisters employers contributed a reasonable sum ( basically her full wage ) on top of statutory and she was told should she leave with out returning to work at all after the 9 months she maybe asked to return part of what was given to her for that year.

Again please take this with a pinch of salt but id recommend probably phoning citizens advise or something and they will point you in the right direction.

 

[ian]

She couldn't do that as we would have lost the chance to purchase the shares that had vested. I have bought them now and we have received the certificate, hence why the notice was handed in late.

If I'm understanding correctly, you delayed handing in notice to take the opportunity to take a share option, presumably open to all employees at a discount. In that case, it makes your situation much worse, especially if as Adam said, you also received maternity pay over and above the statutory, which has a clause which requires your partner to return to work; else forfeit what was paid. The employer could take the stance that your partner had no intention of returning and therefore has cost them a significant sum in temporary staff, and you've gained from a wage, plus a share option. I would advise speaking to an expert to see where you stand.

 

[StoneRoses]

Why would you not consider any legal ramifications prior to this and why would you want the worry of potential legal action or losing your shares for the sake of only working 1 more month?
From where I sit it seems your quite happy taking everything you're entitled to from your employer but are not willing to keep your side of the contract you signed.

 

[martin-s]

From where I sit it seems your quite happy taking everything you're entitled to from your employer but are not willing to keep your side of the contract you signed.

Couldn't agree more. On the surface this looks like a pretty poor and dishonest way to operate.

 

[khalid]

The best advice I can give is for her to talk to her employer.

As someone who has hired and fired I can't stress enough how important communication is.

Do you know how annoying it is for people to bend the rules or just not turn up. It ruins businesses and gives employees rights a terrible name.

Your wife may be able too:

1. Back date her notice
2. Use holidays to cover her notice
3. Leave immediately

She just needs to talk to her boss!

 

[Retired_Member38]

Why would you not consider any legal ramifications prior to this and why would you want the worry of potential legal action or losing your shares for the sake of only working 1 more month?
From where I sit it seems your quite happy taking everything you're entitled to from your employer but are not willing to keep your side of the contract you signed.

Because his wife is dishonest and greedy and decided they'd rather chance it then rely on free legal advice from a domain forum ?

 

[bluerock]

The best advice I can give is for her to talk to her employer.

As someone who has hired and fired I can't stress enough how important communication is.

Do you know how annoying it is for people to bend the rules or just not turn up. It ruins businesses and gives employees rights a terrible name.

Your wife may be able too:

1. Back date her notice
2. Use holidays to cover her notice
3. Leave immediately

She just needs to talk to her boss!

Completely agree

 

[Sound]

Now who's going to tell us about their hemaroids...

(from LG G3)

PM sent

 

[Skinner]

Dayum boy, you into some kinky shizzle!

Now who's going to tell us about their hemaroids...

(from LG G3)

 

[lee]

All sorted.

What helpful people we have here. It really is no wonder the number of retired-members keeps increasing

 

[Retired_Member38]

All sorted.

What helpful people we have here. It really is no wonder the number of retired-members keeps increasing

Many people here will be employers. You've came on here and basically asked for advice on how to fuck your boss over. What sort of response did you expect