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Original poster

Could I get away with not paying back maternity pay?

30 replies

Sarahhh86 · 01/10/2019 10:10

When I left for maternity leave I was never given anything to confirm my leave or pay. My work place was extremely difficult in dealing with my pregnancy etc. They lost my paperwork numerous times and have blocked all access to work emails and my work laptop etc. I have been receiving SMP as well as additional pay for the first 12 weeks. However, when I left as they never gave me any paper work or letter or contract. Nothing to say I have to pay it back. Also the HR person has left and failed to pass on any information to the new person. When I contact work , they have made me feel as if I no longer work/belong there. On my last day, my boss wasn’t even it was my last day. He even said to be he wouldn’t have hired me if he knew I’d leave so soon... Everytime I am trying to contact work but they make me feel as if They have no idea who I am. I was on the fence about returning, but All of this is making feel like I definitely don’t want to go back.

We may also be moving soon, so I was just thinking what happens if I don’t talk about coming back and I just don’t return? They don’t seem to be bothered and what happens if I just cut off communication (it’s already been cut) and just leave point blank? What are the implications of this? Has anyone ever done it?

OP posts:
LIZS · 01/10/2019 10:15

Won't you need your p45 and/or reference? Did the maternity policy make conditions on the omp?

Herocomplex · 01/10/2019 10:17

Legally of course you should.

Is it a private company or public employer?

However from your post it sounds like they’ve washed their hands of you! They’re supposed to write to you informing you of the arrangements so if they haven’t that’s their fault, and it sounds as though they’re on dodgy ground legally. Personally I’d just wait and see what happens, but I bet it’s nothing.

Herocomplex · 01/10/2019 10:19

I’ve just realised you’ve got no date to return to work. That’s really off, I’m wondering if it’s constructive dismissal?

Interested in this thread?

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Employment advice Families
Robs20 · 01/10/2019 10:21

Think it depends on your contract. I know lots of places make you pay it back if you don’t go back for at least 6 months. My company doesn’t, so I could leave at the end of mat leave without an issue.

Passthecherrycoke · 01/10/2019 10:22

All of your contract stuff etc is irrelevant- you accepted the maternity pay, you don’t need to sign additional contracts etc, provided they have a visible policy.

However, most companies are unlikely to pursue you, as the only way to get the money back is to take you to court which a lot of companies would rather not do. It’s up to you if it’s worth the risk.

Original poster
Sarahhh86 · 01/10/2019 10:46

It’s a public employer (employed through local council) however, they are a really poor organisation. While I was about to leave they were pending investigation etc so I was not a priority if you like. Never received anything in writing expect my payslips which I requested to be sent to me. I don’t think I want to return to that environment and would happily pay the money back. Not sure if I should resign now or wait until I’m supposed to go back and just ‘disappear’.

OP posts:
Original poster
Sarahhh86 · 01/10/2019 10:48

@LIZSWon’t really need a reference from them per say as I’ll probably continue my phD. They never sent me anything so I have nothing to refer too 🙁

OP posts:
LionelRitchieStoleMyNotebook · 01/10/2019 10:52

Check the policy, I used to work in local government and you had to pay it back if you didn't go back for twelve weeks. You accrue normal leave while off including bank holidays for me that was 35 days plus 8 (so eight and a half weeks) , then go sick for the other three and a half, I'd imagine it's very stressful and anxiety inducing not knowing your return to work plans and your employer saying they should've never hired you. That way you've fulfilled the twelve weeks return period and owe them nothing.

AllFourOfThem · 01/10/2019 10:52

You have a contract with them and you’ve accepted the maternity pay so they don’t need to specifically provide you with further information pertaining to that (your main contract will include a reference to abiding by their terms and policies).

They might be so disorganised they don’t bother to ask for the money back or they could go down a debt collection route. Either way, the SMP part of your money won’t need to be repaid anyway.

If you wait until you are due to return and give your notice (with enough time on the end of your maternity leave to stay off) you will have accused annual leave - so potentially up to a year’s entitlement if you take the full 12 months. They will likely deduct that from the enhanced maternity pay you owe.

percheron67 · 01/10/2019 10:52

With this sort of behaviour, is it any wonder that employers would rather hire men?! You are putting women's rights back by many years. Dishonest.

Passthecherrycoke · 01/10/2019 11:02

Don’t be ridiculous percherone it’s a commercial decision, just like companies take everyday. I did a professional qualification with a company and didn’t pay it all back, that’s the way it goes

OP if you’re willing to pay them back then there is no problem- just stop communicating with them and see if they ever come back to you. Don’t give them the money back and if they do take you to court you’ve got it anyway so nothing to lose and everything to gain.

Original poster
Sarahhh86 · 01/10/2019 11:16

@LionelRitchieStoleMyNotebook as I’m only employed during term time I don’t have annual leave. However, it falls during summer break, so I would only have to do 6 out of the 12 weeks (this is not a huge problem.. but after the way I’ve been treated, I don’t feel like I want To return).

If I did decide to go back, when would I give my resignation? On the day I return? Or would I give it while I’m still on leave?

OP posts:
PotteringAlong · 01/10/2019 11:19

as I’m only employed during term time I don’t have annual leave. really? Unless you’re a teacher / work in a school, where your holiday entitlement is built into school holidays I don’t think that’s true.

Original poster
Sarahhh86 · 01/10/2019 11:19

That’s a good point. I am happy to pay it back but I feel like they’ll only ask for it if I communicate with them, so disorganised they’ll forget about everything I reckon. How long will I have to wait before knowing I’m in the all clear? When I move houses, if I don’t inform them of my new address they won’t be able to contact me right?

OP posts:
Original poster
Sarahhh86 · 01/10/2019 11:21

@PotteringAlong yes, I work for a school.. so that is true.

OP posts:
Passthecherrycoke · 01/10/2019 11:21

Yes good idea. Tbh it sounds like they have bigger problems and you’ve been forgotten about all together. I reckon what will happen is when they get their act together/ get taken over by someone competent they’ll realise you’ve gone missing but they’ll have plenty bigger problems I imagine

Original poster
Sarahhh86 · 01/10/2019 11:44

@passthecherrycoke yeah, lots of problems.. investigations about gender discrimination, incompetence and much more.. I was 36 weeks pregnant and sent to the 7th floor using stairs 4 times to pick up someone’s printing. I was sweating and out of breath and told ‘you chose this’ about being pregnant!

OP posts:
PotteringAlong · 01/10/2019 12:08

My school didn’t contact me when I was on maternity leave. Unless you tell them otherwise they will assume you are taking a year off. If you want to go back sooner then write and tell them.

You don’t need any paperwork from them when you leave - it will be built into the maternity policy for the school and part of your existing contract. You don’t get a new contract.

AmIThough · 01/10/2019 12:11

When are you due back? My work told me they'd contact me in due course to discuss my return.

Do you have a written contract?

absopugginglutely · 01/10/2019 12:13

If it went to tribunal they wouldn’t have a leg to stand on!
If they insist on you paying them back just say you’ll pay them a pound a month- they’re not allowed to refuse.

Hysterhelp · 01/10/2019 12:14

It may be a good idea to ask for your thread to be moved to the employment board?

AJPTaylor · 01/10/2019 12:41

If you claim to be blindly ignorant how do you know you have got what you are entitled to?You really went off on maternity leave without knowing what you are to be paid? That is hard to believe.

YobaOljazUwaque · 01/10/2019 12:49

They aren't supposed to contact you while you are on Maternity Leave anyway, it is supposed to be for your protection so they can't phone you every 5 minutes asking how to operate the photocopier when you are trying to establish your baby's routine.

NB if they do try to get you to repay anything, it is only the excess over SMP they can try to reclaim, so anything that is more than 90% for the first 6 weeks then the basic SMP rate after that.

If you don't want to go back after Maternity Leave and won't be job hunting immediately so don't need a reference either, then so be it. It is probably more hassle for them than it is worth to claim a few hundred quid back from you if they twig what has happened.

BlueThursday · 01/10/2019 13:05

Crikey how big is the school; 7 floors Shock

GreatBigNoise · 01/10/2019 13:45

If it was me I wouldn't want to keep the money just because the organisation is disorganised and I could get away with it. It would feel dishonest. You would be knowingly keeping money that you know isn't your to keep. That's not ok.

The fact that the organisation is useless and unhelpful is also not ok but that's a separate matter.