Employment issues/secondments/mat leave

[fifitot]

I have 10 years plus in a public sector agency but am currently seconded to a training organisation which is funded by 3 public sector agencies, including my owon. The secondment is open ended, i.e not time limited. I am paid by the training organisation but my terms and conditions are the same as if I was with my 'real' employer if you see what I mean. The idea is that eventually you go back to your original employer after a few years seconded.

I have to go on mat leave this summer and my boss made a point of telling me that she didn't know whether we had the budget to pay for my maternity leave. I guess this means they could end my secondment and 'send me back' to my employer. Technically they can end a secondment, with notice, at any time as I can if I wish but surely to do so while I was pg is discriminatory? It's not like they don't need the post.

Also I always thought that if you got maternity pay, the bulk of it was paid by government or whatever anyway? Why is it an issue? Mine would be enhanced but not by much.

I am crapping myself now tbh, I love my job and can't see that I could go back to my original employer and the secondment is a promotion anyway with more money and so I would be in the mire financially, not least on top of reduced maternity pay.

I know I will probably need to go to my union for advice but wondered if anyone had any initial advice for me. I know the position with secondees is complicated but surely to get rid of me because I am pg is discrimination? Help!

[lal123]

As far as I know they can't simply end your secondment because you are pregnant - that is clear discrimination. The fact that they don't have money in the budget to cover maty leave is neither here nor there - they'll just have to go over budget!!! Go see your union asap.

[fifitot]

Thanks -anyone else know anything? I have checked and I am entitled to 90% pay for 6 weeks and then half for 12 weeks and then onto smp for the rest. So not particularly very enhanced pay. I think they can claim it back (well the smp element anyway) can't they?

God my boss is so uninformed and unhelpful. Really don't need the stress tbh.

[flowerybeanbag]

If they are on a tight budget and are having to pay someone full salary to cover your job, plus holiday pay and benefits, and also have to pay you 90% then half pay plus holiday and benefits, then financially that could be significant.

However none of that is your problem of course! People go on maternity leave all the time and organisations should have provision for that built into their budgeting process. If they don't, it's certainly not anything the employee needs to be bothered about.

If they end your secondment, effectively reducing your salary and removing your open-ended promotion because you are pregnant then yes that sounds like discrimination. They may have provision in the secondment agreement to end it with notice but being treated less favourably than others are or less favourably than you would otherwise have been is discrimination.

It is surprising that maternity leave and how it is financed between the two organisations isn't covered in the secondment agreement tbh.

[fifitot]

Thanks. I need to check the secondment agreement but sure it isnt'. Given that 80% of our workforce is of child bearing age it's amazing they didn't think of it.

The thing is - they won't cover my job! I only want 6 months off and they won't employ anyone else and are making plans to manage my work. So there is no additional cost in term of another person.

I don't think they even know they can claim back the smp rate!

They even talked about me doing the KIT days on the basis of no pay. Until I pointed out that even I agree to a call in day to work I would be entitled to renumeration. Honestly they need to consult with someone in the know and am handing over the BERR leaflet to them so they can start thinking about how to manage this.

I don't think it will come to me taking a grievance but I am shocked at how uninformed they are. There is someone on mat leave at the moment and I am sure they don't realise they can claim back part of her mat pay.