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Please help, can they do this?

(20 Posts)
Linnet Tue 26-Apr-05 21:46:14

I was on maternity leave last year from May 2nd until October 31st.

We have just been upgraded at work and the upgrade in pay is being backdated to 1st September 2004. I was told today that because I was still on maternity leave in September and October that my upgrade will only be backdated from November 1st.

Does anybody know if they can legally do this?

Linnet Tue 26-Apr-05 22:23:05

Bump, anyone?

Frizbe Tue 26-Apr-05 22:27:16

I don't think they can do that have you tried the maternity alliance website, they're rather good on these sorts of things, my work forgot to pay my pension whilst I was off (and although I didn't go back) they had to pay it and pay extra on top to make up for it!

blossomgirl Tue 26-Apr-05 22:30:19

hi linnet, no they can't they should treat you as if you were there. its as simple as that. is there a chance someone has made a mistake telling you the wrong info?

jamiesam Tue 26-Apr-05 22:30:48

Sorry, can't help, just another bump really to keep this at the top of the board.

Does occur to me - were you on any actual salary linked pay by 1st Sept? The first 18 weeks(?) is based on pay, but after that isn't maternity pay at set amount per week? If so, upgrade wouldn't be relevant?

jamiesam Tue 26-Apr-05 22:34:49

There you go, told you I couldn't help! brackets bump...

blossomgirl Tue 26-Apr-05 22:40:41

just found the march/april copy of bristol parents, the front page is about this and it give the equl opportunities website at the end of the article www.eoc.org.uk havn't looked but hope it's helpful

Linnet Tue 26-Apr-05 23:01:37

I spoke to someone in staffing today. When I told her that I'd been on maternity leave last year she said that would complicate things and I'd only get the upgraded pay from November 1st, the date I was officially due back at work. She said this was because my maternity pay had already been calculated and I was on the £100 per week portion. I was getting £100 plus money from my work as well, I can't remember offhand exactly how much at the moment.

What she says make sense and is most probably right but I just wanted to check and see if anybody knew anything more as it doesn't seem very fair.
I'm going to phone HR tomorrow when I'm at work as it was to late to phone them tonight when I found out.

Freckle Tue 26-Apr-05 23:05:12

If you were on SMP, then it is irrelevant what salary you were on after the first weeks when it is based on your salary at the time. If there had been an upgrade during that time, then your SMP should have been increased pro rata. If the upgrade took place when you were on the basic rate, then it wouldn't have affected what you received.

Libb Tue 26-Apr-05 23:09:14

This sounds similar to what my colleague went through, I will have a word with her tomorrow. Your staffing bod seems to make sense - it is something to do with the SMP.

Hope it gets sorted soon xxx

Linnet Wed 27-Apr-05 00:02:47

Thanks Everyone. I love mumsnet, no matter what your question someone somewhere will know an answer or try their best to help

Freckle does it still apply even though my employer was also paying me money every month on top of the SMP? I'm sure that I was paid a portion of my normal monthly pay over and above the SMP, I don't have exact figures to hand as the files are in the room where the baby is asleep.

I've been looking on the internet and went to the link that blossomgirl posted. There I found information on "pregnancy and maternity: your rights." It states under Pay that,

"You should continue to recieve pay rises and most bonuses during ordinary maternity leave. Pension contributions will continue during this time."

Linnet Wed 27-Apr-05 08:59:47

bumping for morning posters

Fran1 Wed 27-Apr-05 09:06:33

Hi,

I'm sure you should have got the payrise same time as everyone else. Even if you were getting only the £100 you should have been notified that there had been payrise even though you wouldn't have seen it iykwim. But as you are getting paid extra maternity from you work, that should have been increased.

I didn't return to my old job but they still informed me of my payrise (which happened about a week before i resigned) and i got a cheque for £2 which was what they owed me due to the increase. I felt it was more a kick in the teeth and would have rather they didn't send it to me!!

But the reason i tell you this is it shows how even if you don't benefit from the rise, you still have to be given it in theory.

Linnet Wed 27-Apr-05 09:17:04

I am getting the payrise and I did know about the job evaluation that was going on. It's just taken them this long to get round to putting it all through and upgrading everyone. We were also told that it would be backdated to 1st September 2004, but apparantly not me because I was on leave.

hub2dee Wed 27-Apr-05 09:38:06

Hi,

This is a direct link to the Dept of Trade and Industry's Maternity Rights pdf brochure (286Kb). Perhpas it will clarify the rules or any other issues relating to Mat rights ? ?

http://www.dti.gov.uk/er/individual/matrights-pl958.pdf

HTH

ssd Wed 27-Apr-05 09:56:39

Linnet, I think you should be treated the same as everyone else, as your entitlements stay the same on mat leave eg. holidays, so why should this be any different?

Also give citizens advice a call, they are usually very helpful....

Good luck and don't let them away with anything!

Freckle Wed 27-Apr-05 12:07:37

If your contract provides for maternity pay to be paid at a rate over and above SMP (presumably linked to your pre-maternity salary), then any upgrade to all staff should also be applied to you and to that part of your maternity pay in excess of SMP. Look at your contract for specific details.

Prufrock Wed 27-Apr-05 14:05:23

Listen to freckle.

morningpaper Wed 27-Apr-05 14:07:59

My contract stipulated that my maternity pay was based on the pay I was receiving at a certain week of my pregnancy, so pay rises after that date didn't make any difference to my maternity pay. HTH.

Linnet Wed 27-Apr-05 21:51:11

I went into work today and spoke to the big boss lady who is very nice.

She was concerned about this so she phoned the lady in staffing and she told my boss that the SMP is worked out on the 2 monthly pays paid in the weeks before the qualifying week, 15 weeks before your due date.

I pointed out that I got 100% pay for the first 6 weeks then 20 weeks at 50% pay plus SMP and I didn't think that it was fair and My boss agreed. So she phoned payroll and spoke to them and they agreed that they would look into it and it would be re-adjusted as because I've been there so long and was entitled to the extra pay on top of the SMP the payrise does include me.

It's not going to make a huge amount of difference really as the upgrade is not that huge and I'm only part time. Plus they are putting the lump sum amount through with the normal monthly pay at the end of May so it will be taxed to death anyway.

But it's the principal of the matter. They have hummed and hawed over this job evaluation and regrading and we fought hard for it. And they've delayed it at every possible turn in the hope that we'd all back down, but we didn't.

Thanks for your help everyone.

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