AIBU (work related)

[deendon]

11 years ago I worked for the NHS (and had done for years) I had finally climbed my way up the greasy pole and had been a locum consultant for a decent length of time. I had worked and trained in the same hospital for a while, I thought they liked me, I thought I was good at my job, I thought I had lovely colleagues in a lovely department and life was finally working out.

I went on maternity leave

My child was born sick and spent months in NICU straight after my child was discharged my employer decided that would be a good time to advertise my job, they did so and employed someone else whilst I was on maternity leave (I went for an interview, I have no idea why I didn't get the job)

3 years after that they decided they wanted me to repay my maternity leave, I pointed out the clauses in my terms and conditions of employment that stated I would not have to repay them (because there was no job for me to go to) and heard nothing more

all this correspondence was by email

I did not work again for 2-3 years after that (the job I did then was with the NHS)

today my very elderly mother (I live overseas) received a court summons (for me) for the pay plus interest since 2011!!

I'm gobsmacked

(In the interest of full disclosure she did admit to having had a couple of letters from someone she'd never heard of asking if I could ring him I havn't seen them she is too old to get them to me, cant scan, cant use IT well enough to send a photo)

I'm gobsmacked they've come back to this after all these years, I'm gobsmacked they didn't email me I have literally 15 emails between me and the person concerned the last one is when I state the clauses which confirm that I owe nothing to which I got no reply.

This event literally ruined my whole life.

I had slaved like a dog at work for years and it destroyed me I can't walk down a hospital corridor without bursting into tears.

I've been sobbing for the last 4 hours trying to work out what to do.

I've disabled the voting I gather that's the thing to do when you are feeling fragile about possible responses.

I posted about this at the time and flowery gave me some advice but lost that 'name' after one of the security breaches.

Please don't be mean to me if you comment

Aw op I'm sorry, this sounds awful. Isn't advertising your job while you're on mat leave illegal? Can you forward that email chain on to these people? I'm sorry I really don't know anything, but wanted to at least bump it for you.

I’m not 100% I understand but is it that as a locum you weren’t actually employed by the NHS but rather freelance and on a long term contract? If that’s the case I’m a bit confused as to how you were entitled to maternity pay from the employer rather than maternity benefit from the government in the first place?

I would suggest in terms of first steps, get your hands on that letter, have your mum post it to you if that’s the only way and then deal with it’s contents. And get some legal advice from someone qualified to give it.

Thankyou BlueHarry
and thankyou for being kind

yes it was illegal

I tried to use my union (I had a backbone then) but the union prevaricated and put me 'out of time'

Give the BMA credit where it's due

no I was a long term NHS locum

to be fair to my employer !
part of the reason this was so awful was because we rented and my landlord gave us notice and since I had no job I couldn't get somewhere else to live so we ended up moving from holiday house to travelodge and back again to try and have somewhere to live

Sorry I’ve read my message back. It reads a bit harsh- I meant it in a more practical manner. Sounds like it was a shitty time. I would still try and get a hold of the letter and seek legal advise though, especially if you intend on returning to the UK at any stage

Sorry again I have a massive headache from all the crying I'm going to get some fresh air I'll come back later

No problem Ballygowenwater it didn't read shittily to me it can be hard to work out what's going on sometimes.

Yes BTW NHS locums don't earn large locum salaries because they get the NHS terms and conditions rather than the megabucks

I will have to get a lawyer someone told me it's tricky because you have to prove your ID????

I obviously have no trouble proving I am who I am but I'me overseas so they'll need authenticated copies of my id and then there's the time difference etc etc it's going to take ages and add so much to the cost.

I don't think my costs are recoverable, I think they can just go to court claiming I owe them and unless I turn up with proof I don't they will win

It's on them to prove you owe them the money especially after all.this time. You have evidence that says you are not. I would also think if they take you to court and you win you can put in a claim against them to recover your costs.

I would suggest ringing or emailing (depending on time difference) ACAS they should be able to provide some free guidance and support for you.

wee update

I found an email to me from the BMA dated 2010 which clearly states I do not have to repay my maternity pay.

Despite being a member all my working life they have delined to repeat this advice to the trust concerned.

They did seem to suggest that if I rejoin they might offer limited coverage but this seems to be limited to telling me what I know not dealing with my former employer

Bizarre I didn't realise they had a membership category for non Doctors

Thanks for the ACAS suggestion I might try them

Problem is it seems to be well recognised that I don't owe them anything they just seem to have decided to sue me for it anyway because they can.

Your union sound terrible. I'm so sorry this has happened. I am still struggling to deal with pregnancy and maternity discrimination which has ruined my career. Legally Slater Gordon were very good, although pricey. Counselling has helped.

Thanks Blodwyn

I am sorry this happened to you too

The BMA is a joke, it's well recognised they side with the NHS most of the time.

I will however approach them again I'm sure when I was a member they said we are covered for matters arising from when we were members.

The whole thing was incredibly traumatic, I've known for some time I need counselling it's just accessing it.

I'm 10 years down the line, havn't recovered, career stalled,

I will look up Slater Gordon I really wish I had persued the trust at the time, I think if my child hadn't been so sick and we hadn't been homeless I would have done!