Can a company change the maternity package for my 2nd pregnancy?

[Issi74]

Hi - am looking for some advice. During my first maternity leave (Dec 08 to Aug 09), I received an above the statutory maternity package. I have just told my work that I am pregnant again (Due end Dec 2010), and just been told that I am now only going to get the basic statutory maternity package. Just wondering if this is legal and if I have any comeback at all? Really really worried, and have no idea how we will cope with the statutory. Many thanks for any advice given.

[lou031205]

I think it very much depends on your contract, but I would imagine that they may be in breech of contract if they restrict your Mat Pay if you previously had enhanced mat pay.

[Issi74]

Hi Lou031205, thanks for replying! It doesn't state anything about maternity leave in my contract annoyingly. Take it this would make a difference?

[nymphadora]

Is there a company policy on it?

[Issi74]

No - I was the first person in the UK office to get pregnant, so they basically created a package for me. In the Head Office (Montreal) they gave the minimum (but its really good - a year full pay). They have now said that due to the fact they will need to employ someone to cover my leave (they didn't last time as we had more staff and could cover it internally), they can not afford to pay me what they did last time.

[Julesnobrain]

I would argue the package you got last time set precedent in terms of corporate policy and you have every right to expect that this time. Usually maternity leave is spelt out in your contract. I would try that tack and if that doesn't fly consult an employment solicitor.

[flowerybeanbag]

If your maternity pay is contractual they can't just vary it no. But if you are the only person to have had it and it was negotiated individually, nothing in your contract or any written policy, then it isn't contractual and yes they can vary it.

One person getting something two years ago doesn't constitute any kind of precedent legally.

[RibenaBerry]

What Flowery said (sorry!)

[Issi74]

Thanks Flowery for the advice - last thing to point out (clutching at straws here ) is that since my maternity leave, 2 other employees have had leave on the same package (the last one left 8 weeks ago). Thanks

[Issi74]

Thanks Flowery for the advice - last thing to point out (clutching at straws here ) is that since my maternity leave, 2 other employees have had leave on the same package (the last one left 8 weeks ago). Thanks