Heeelp

If you got enhanced mat leave - you’d have to pay it back to them most likely

Not been in your situation but the website ‘maternity action’ covers loads of stuff like this x

I would be honest and upfront with any job you apply for, that you hope and think it's likely to be able to get around the requirements of your contract due to the fact you're on mat leave anyway but that if that's not possible you won't be able to start until X date.

Congratulations on your new job!

Because you are down to nil pay from your employer, they wouldnt ask you to repay any mat leave pay.

Could you ask for your notice to run during maternity leave and agree an earlier end date?
That would let you start your new job as well as give them a little bit of notice to sort permanent cover for your job?

This may be bad advice, but how senior are you in the company? In my experience, companies really only pursue legal action for breaches of contract if you’re very senior (and expensive) so like VP level to c-suite. If you’re lower level it usually isn’t worth it to them to kick up a fuss

Money wise there isn’t an issue, but there is still a process to an employee leaving, and as you’re technically still in contract you’ll be in breach of that. If you’re saying they’re difficult they could come after you for that. Is it worth the risk?

Also from an HMRC viewpoint, when you start your new job you’ll be put on emergency tax as you’ll still be listed as employed elsewhere.

Honestly? Just tell them.

It would technically be a breach of contract if you didn’t work your full notice, but in reality employers can’t force you to work it.

The only thing they could potentially do is claim for financial loss — and that’s rare, especially if you’re on unpaid maternity leave and your role is already covered. It’s usually not worth pursuing unless someone is very senior or business-critical.

If you get the job, the safest option is to ask your current employer for an early release — many agree, particularly when someone’s already on unpaid leave.

Just double-check your contract for any repayment of enhanced maternity pay, as that’s the main thing that can catch people out.

ACAS can also give free advice if you want reassurance.

Tell them. Its the right thing to do. Also, have you taken all of your leave from the financial year you arent working? They will owe you that if you haven't.

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