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harassment from work on maternity leave

(16 Posts)
kazza446 Thu 27-Feb-14 21:37:49

I started my mat leave at the end of December, before this I was signed off by my gp for work related stress. I asked my employer if they would be willing to pay my sick pay at full pay seeing as they were liable for my sick and had not supported me correctly during my pregnancy. They refused and I just accepted this. Whilst I have been off I have had a change of supervisor. Basically she has emailed me whilst off sick demanding my timesheets, sick leave, annual leave records as she couldn't locate them and also accused me of having high levels of sickness. Prior to my pregnancy my sick record was impeccable. She stated that despite the company agreeing my mat leave as I had Been off sick she was going to review my entitlement. I heard nothing until today (pay day) when I received an email stating she had reviewed my entitlement and will not be paying me enhanced maternity pay as I had previously received. I have a differing contract to all employees as I was the first employee within the organisation and was employed on an enhanced contract. This is my 4th period of mat leave with the company on the same contract and I have had 3 lots of enhanced mat pay prior. She has stated that the company has to treat everyone equal but all the office staff who have ever had maternity pay have had it at an enhanced rate. I am now 6 weeks into my maternity pay. Also My wages in December were incorrect and I am owed around £400. I have emailed her on countless occasions to state they are incorrect with a breakdown as to why they are incorrect and the monies still have not been paid. Any advice on where to take this. I am not due back in work until September but already I feel sick at the thought of returning with this woman as my supervisor. I was referred to counseling in December because oft stress and

kazza446 Thu 27-Feb-14 21:42:04

Pressed wrong button!!

The counsellor made it very clear that my stress was all work related. I've never felt ground down before but I feel that I am constantly being harassed by this woman even.whilst I'm bot there. Im fairly sure that what they have done is illegal and that my maternity leave is now an implied term in my contract. Sorry should have said it just states it is in line with national joint council conditions, which gives enhanced mat pay. Hope people can make head and tail of what im trying to get at!

gallicgirl Thu 27-Feb-14 21:43:12

Bypass her and go straight to payroll and HR to sort it out. Your manager can't just change your terms and conditions on a whim.

Laststop Thu 27-Feb-14 21:47:33

Go straight to hr and get it all sorted and confirmed in writing

kazza446 Thu 27-Feb-14 21:59:04

It's only a small company so no hr. She is basically a director. My role included hr and payroll. I just can't believe that she thinks its ok to change it mid maternity leave just as my enhanced pay was due. The person now doing payroll is also under same supervisor so relies on her for information to pay my salary & won't question it. I know deep down I'm right and she can't just do it but I just feel beaten by her

Irishmummy1981 Fri 28-Feb-14 00:11:46

If you have health insurance there might be an employee assistance programme you can contact. Keep copies of all the correspondence she has sent. Ask her in an email to explain (by email) why your maternity leave pay should be reduced.

Rockchick1984 Fri 28-Feb-14 07:19:28

Also check your house insurance and see if it offers legal cover.

Is there anything in your contract re the enhanced mat pay terms and conditions, is it based on your salary for a particular time?

Re the sick pay, I was off whilst pregnant with work related stress and anxiety from a huge company who generally are very good, but I wasn't granted extra sick pay because of it being work related stress, so I doubt if you have an argument to have got full sick pay, sorry.

kazza446 Fri 28-Feb-14 07:34:24

I'm not bothered about the sick leave, I let that pass but I am bothered about my mat leave as it was approved as part of my contract by the directors when I took my first episode of mat leave & has never been questioned since. In fact it has been paid to all managerial staff every time one has been on mat leave. Irishmummy* I have no health insurance. rockchick great idea, I'm sure I have legal protection on my insurance so I will search that out. So stressed with it all, financially we had a plan and some savings to see us through but we can't afford all our outgoings without the extra money. It was supposed to be 50% of my pay & smp for 12 weeks. Not major amount but enough to see us through. My only other option is to return early, which I don't want to do. At this moment in time I don't even think I can step a foot back into the damned office. My job is very stressful as it is, without having an ogre of a supervisor!

Thanks for your replies *

MrsSquirrel Fri 28-Feb-14 11:31:20

Sounds horrendous brew

You might want to contact Maternity Action. They have an advice line 0845 600 85 33.

Elletorro Fri 28-Feb-14 11:47:48

Hi kazza. This is unlawful deduction of wages. You need to write a " letter before action". There are precedent letters on the web im sure. It needs to go to the companies house address of your co. they are in breach of your contract. Inform them they have until a specific date to pay you or you will make a county court claim. This will take it up the chain and your manager won't be calling the shots.

if you have a copy of your contract then enclose it with the letter pointing out the relevant section

good luck

Rockchick1984 Fri 28-Feb-14 11:50:30

Is it 50% of your annual salary, or 50% of what you are paid in a particular time period, like the way SMP is calculated? If the latter, then you may not have qualified for it due to not being paid your salary in that time, you need to check the policy.

kazza446 Fri 28-Feb-14 20:42:19

Thank you everyone. I will certainly call maternity action on Monday. I've got legal advice support on my house insurance so may contact them too. I emailed a letter yesterday evening giving them 5 days to sort otherwise I will instigate grievance procedure. It was 50% of my salary as calculated with smp. I worked full time during qualifying period so no reason why I would be exempt. I never thought about sending docs to companies house. Thank you elletorro

FryOneFatManic Fri 28-Feb-14 20:52:46

OP, what elletorre is referring to is not sending the docs to companies house, but to the company address with which your company is registered at companies house.

Bumpiemalumpie Fri 28-Feb-14 21:01:07

op, are you part of a union?

good luck!

tb Fri 28-Feb-14 21:50:35

Some professional organisations give free legal advice - BCS for one, and there will be others.

kazza446 Sat 01-Mar-14 10:27:50

Thank you everyone for all your advice. Unfortunately I'm not part of a union. Stupidly thought I wouldn't need it in my job. Been with company 15 years, never had any trouble until this woman was appointed as my supervisor in Nov when I went off sick. Previous to this I worked autonomously just reporting to board of directors every 6 weeks. Just feel so beaten by her. I've always given 120% to company, covered for staff sickness, done extra Jobs not in my job description because of staff shortages. Perhaps I've just got mug wrote on my forehead. What gets me, is my supervisor sent me an emsil when I was off sick saying as I was off sick she would be reviewing my mat leave. I now assume she has done this and that's why she's decided not to pay me enhanced pay. She's cited need for equality through company but my contract is completely different to everyone else's as I was first employee of company and then helped draft remaining contracts. Managers also have differing sick pay and we have increased monies paid into pensions too so we are not equal. I saw a counsellor before Xmas about mystress and anxiety and they told me it was evident it was all work related. My friends have commented what a different person I am since finishing work so I guess its now time to search for a new job.

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