Maternity Leave - Company Has Multiple Policies

[Tyakit]

I know I should be grateful that my company is generous enough to give its employees additional maternity pay. I am entitled to 12 wks on full pay and then statutory mat pay.
However HR sent me an email today to confirm my Mat leave arrangements and attached a 'family friendly policy' doc to the email. This policy stated that I was entitled to 18wks on full pay and then £300 bonus per month for 6 mths on return to work. When I pointed this out I was told that this policy did not apply to me and was then sent a different mat policy.
Can't help feeling a bit sick that some people are getting an extra 6wks paid leave and a bonus for returning to work. A colleague who has just gone on mat leave is receiving this and we are the same grade and do the same job.
Is it legal to have more than one mat policy in operation at the same time???

[dassie]

why doesn't it apply to you? did they give a reason?

[Tyakit]

I an on different terms and conditions apparently as I joined company x which bought out company y some years ago. My colleague worked for company y. The policy doc with extra pay etc did not state that it was only for those employees under t&c's of company y.

[dassie]

Mergers - legacy staff often get different treatments. At my current employer the merger happened over 6 years ago and there are 3 pension policies (one incredibly generous) depending on whether you are legacy x, legacy y or new

At my last employer the merger happened 4 years ago and some of the legacy staff from the target are still being paid more and have better benefits than everyone else

Anyway, I don't know the legal position but I hope someone comes on who knows. It is very unfair

[Tyakit]

Thanks Dassie. I know I am lucky to get 12wks really but as I will have to go back to work not long after that as I really can't afford to live at statutory mat pay, an extra 6 wks would make such a difference!

[Tyakit]

Anyone else have any info on this subject?

[MrsMar]

do you have a union you can talk to? Even if you aren't a member they can usually offer advice.

[dassie]

You could try posting in 'Employment Issues' - there may be some HR specialists who read that board but not this one

[KitKat30]

I think they might be allowed to do this... my company was formed out of the merger of 2 different orgs. People from each of the old companies have different contracts - which mean everyone has different holiday allowances, pensions etc. And people who have joined the 'new' company, have another version of the contract as well ... so we have 3 different t&c for people effectively doing the same job.

I dont know if maternity law is different though - might be worth checking it out if you can?

[nh101]

Unfortunately, they can do this because they are giving you more than the statutory minimum. As long as you are not being discriminated against because you are a woman/disabled/old etc they are not doing anything wrong. It is legal to have two people get paid different rates for the same job (as long as one of them isn't getting paid less just because she is a woman/disabled/old etc). So it follows that it is legal to offer different people different maternity benefits as long as they satisfy the statutory minimum.

If the men in your office got 18 weeks maternity leave and the women got 12 then that would be illegal but that is obviously not the case!

Have you seen the website www.moneysavingexpert.com? It gives great tip for all sorts of money saving which might allow you to cut back on your outgoings and not go back to work so soon. Good luck with the baby.

[MrsMar]

I'm no expert on this, but I think when it comes to mergers, the regulations about people taking with them agreements made with previous companies are called TUPE, it's generally recognised in a merger that people can take their previous working conditions with them to their new employer, which is why you will get some people on different arrangements. Hope that helps x

[Jamantha]

Just right MrsMar. The company I work for merged into a bigger place couple of years back. I am currently on ex-XXX terms & conditions, which are different to terms & conditions of those who have joined since the merger, or who have taken a promotion and thus accepted new terms & conditions. They are currently trying to assess all our jobs and offer us positions on the new t&cs (with some protection from TUPE I thnk). If I accept new t&cs before I start ML the ML policy I will then be under is much worse, so I am hoping it drags out a bit longer.

[Tyakit]

Thanks all - I wouldn't be so hacked off if my direct colleague wasn't getting so much more than me! I am still trying to get the t&Cs I am under verified as there is some doubt due to timing of my start date. Here's hoping anyway .

[MrsMar]

Good luck! It's all very frustrating isn't it, when Gordon Brown is desperate for women to be in work (and therefore pay taxes) but employers sometimes make it very difficult for us to work and do all the things that only women can do, ie having babies.

[nh101]

Jamantha, the company cannot force you to take new t&cs. I am a union rep and I suggest if you have a union at work, join it. If the company issues you with a new contract, you have to write to them to say you are not accepting it. If you do nothing (even if you don't sign it) but continue to come to work, it is implied that you have agreed the new t&cs. Don't let them force you to take the new contract.

[Cappuccino]

I had this - joined company which was taken over

my original conditions were better than the new ones and they did honour them

took a few stern letters though

[Jamantha]

nh101 - I know I can't be forced to accept new t&c's. I'm not worried about that. I know I have the choice, but thanks. It'll just be more awkward if the new offer is on higher salary (which it might be, it can't be worse), but with worse ML conditions. I'll then to do a more involved balancing act to make the decision of whether or not to switch. I'm just hoping that I'll go on ML while still on my current terms, and thus get better ML pay, and then maybe offered a better salary when I return. Call me optimistic! But you can't blame me for hoping for the best? (As long as I realise that it may not work out as nicely as that)

[Tyakit]

Just had to ressurect this thread as I finally had an answer to the letter I wrote to HR at the end of Feb. In the letter, I pointed out that the info contained in my mat leave letter was incorrect due to changes in legislation affecting mothers of babies born on or after 1st April. I requested them to clarify which T&Cs I am on and pointed out how grossly unfair it was that a small minority of people were recieving more than 50% less paid mat leave than others performing the same job.
Well, I am so pleased and shocked to report that the company has decided to change its mat leave policy for all mothers due after 1st April so that now we will all get 18wks paid leave!! This will make such a big difference to the amount of time I can take off and I feel so much calmer knowing I don't have to rush back so quickly.
No mention of the return to work bonus - but frankly was expecting to get nothing extra at all. I am so pleased I wrote the letter now!