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Some employers may not be aware of the special protection when it comes to dismissals during maternity, adoption and shared parental leave, so you can give them a copy of this fact sheet. If you do not have an appropriate alternative service, you may be entitled to unjustified automatic termination. You may also have other requirements and you should seek advice. If you want SMP to be paid as part of a settlement agreement, employers should ensure that, if this is your experience, you can contact your employer to have a “bias-free” discussion about an exit package or transaction agreement. Confidentiality clauses are common in transaction agreements. They usually mean that the parties promise not to make harmful statements about each other. This would prevent you from making harmful comments about your employer in the press or on social media, even if you are telling the truth. It could also prevent you from reporting misconduct as a whistleblower. Your lawyer should explain the effects carefully. Is that really all I need to know about transaction agreements? If you only take ordinary maternity leave (the first 26 weeks) or if you return before the end of ordinary maternity leave, you have the right to return to your original role under the same conditions as before your maternity leave.
If HMRC decides that your contract has not been terminated to avoid payment from SMP, you can apply to a First Tier (Tax) Court. This also applies if your employer has terminated your contract in order to avoid payment of the statutory paternity allowance, the statutory adoption allowance and the statutory shared parental allowance. For more information, see: maternityaction.org.uk/advice/dealing-with-problems-at-work/ ACAS is available for Advisory Conciliation and Arbitration Service. ACAS doesn`t have to play a role in your settlement agreement, but they do offer employers and workers a free mediation and counselling service over the phone. In general, however, if you sign a settlement agreement, you should expect her to draw a line under everything that has happened between you and your employer and you can`t assert some sort of claim against her.. . . .
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