AIBU to lose my rag completely with my employer?

[Edumacator]

I was a science teacher in a secondary school. When I fell pregnant, I told my employer early on because I had a high-risk pregnancy and needed lots of appointments as well as obvious issues of my role (chemicals, fire, fumes but also working in a school with poor behaviour and very frequent physical alternations and incidents). Within a week, my school posted an advert online for a new science teacher to start as soon as possible. I raised it and was told that they’re intending to expand the department - first time that’s been mentioned and the school isn’t growing in student numbers (it’s not a school of choice locally). Not to mention, they wouldn’t expand a department mid-year because they’d have to reshuffle all the timetables and room allocations etc. But, the state of teaching being what it is, they didn’t get any applicants so no one was hired. I’m currently on maternity leave and I won’t be returning - I have a job that’s not in teaching lined up. I just gave my employer my notice to leave at the end of the Easter holiday - giving the required notice. Just got my payslip via email and the bastards haven’t paid me anything this month. AIBU to be absolutely sick to death of this shit now?

I don't think it's "pants" in the slightest. Any union would surely expect an employee to at least ask their employer first! Surely that's just basic common sense!

I work in payroll - not in a school but public sector. You keep saying you didn’t “claim” enhanced maternity pay op. What do you mean by that? do you mean that you said at the start that you only wanted statutory pay, and then only got statutory, as you weren’t returning after maternity? If so, ignore the rest of my post. If not then read on!

So everyone gets the statutory pay they are entitled to, then some employers, including mine and yours, enhance that under the contractual terms of employment. No one claims that - its like your salary in that it’s automatically paid to those that have been there long enough to be eligible. We don’t ask people if they plan to return - that’s not allowed - so we pay everyone statutory AND the enhanced contractual element on the assumption that they plan to return.

It is usually in the contract that it does then have to be repaid if the person doesn’t return / advises they won’t return. So in a position like yours of resignation during maternity period, we would reduce the pay to nil to claw back the overpayment of the contractual element. You are still in effect receiving statutory pay during this nil pay period - but you have received it early / up front within the contractual element which you are now not due - hence nil pay now.

The final result should be that you are at nil pay until the total you receive for the maternity period is down to the statutory amount only. You will stay on nil pay for the rest of the 39 week period until the total you’ve been paid equates to the statutory amount due for the 39 weeks. If the period of 39 weeks ends before full repayment of occupational, you may have to repay the balance directly.

The tax figure you see on your nil pay payslip will be a refund amount as it’s the tax you already paid that’s no longer due as a result of clawing back overpayment. You accrue your tax allowance monthly - as you’ve no taxable pay this month that’s set against previous months pay on a cumulative basis so it triggers a refund. You should see that tax amount in your bank on pay day

Good grief the responses on this thread are so unhelpful!

Why is everyone so bitchy and rude today?

Welcome to Mumsnet. You’ll also find it’s the same mouthpieces arias threads too.

What do you mean by that? do you mean that you said at the start that you only wanted statutory pay, and then only got statutory, as you weren’t returning after maternity?

Yes - exactly that. I’m still supposed to be on statutory pay but I’ve not received anything all on my payslip this month. Whilst payroll/admin/reception were aware I wouldn’t be returning and so was my HoD, the SLT only found out within the last month.

Not sure how it whiffs of constructive dismissal when she's not been dismissed, she handed her notice in, and they haven't hired anyone else. She has her own theories about them recruiting, but that's about the size of it.

I would assume yes to the first question and no to the second?

I assume you have emailed them now?

Look back on your payslips, when SMP started - what dates did they pay the 90% element for the first 6 weeks? This should make it easier to figure out how many weeks left if you haven’t a pay schedule detailing it

Point out that although you won’t be returning following maternity leave, that didn’t constitute an immediate resignation, rather that you were giving notice and as such you are still due your remaining SMP - and if no enhanced maternity was paid then you have nothing to pay back.

If they disagree, speak to acas - you probably have a good case for constructive dismissal should you want to take that route with them advertising your job right away and not as maternity cover (if I read that correctly anyway, I’ve not got the original post still open)

Additionally, you’re due to holidays and bank holidays to be paid for which have accrued whilst on maternity - I know schools are a little different so you’d want to check your contract on that one.

think you might work where I work @mincedtart - someone started, had a child and took mat pay, came back for literally a month, had another kid, was due to return then handed her notice in.Her team has been doing her job and constantly having to pick up slack (headcount would not allow for even a mat leave temp) and is now in a scramble trying to replace her. Total pisstake.

That would be the employer’s fault, not hers. How come you’re able to replace her now but couldn’t replace her when she was on maternity leave?

Have you been receiving £156.66 since week 7 of your maternity leave or more?

Difficult to say op without the following:

Start date in role
Expected date of birth
Actual date of birth
Copy of your contractual terms
Copy of the maternity policy
Date you indicated you would not be returning.

Do you have a union? I'd contact them. If not pregnant then screwed.

You'd do that before even contacting your employer to find out why your pay is missing this month?

I’ve been on that amount except for when I received my holiday pay.

The mind boggles, doesn't it @KevinsChilli.

Genuinely, are you okay? I’m reading this thread and you’re like a viper, constantly coming back to the thread and posting nasty, sarcastic replies. You come across abit desperate for a rise from the OP, accusing her of unnecessary drama and then hang around this thread with your unpleasantness. Asking for advice is what MN is for, didn’t realise the gatekeepers were out today x

I take it you’ve only been getting statutory since you went on Mat leave OP?

as you have only received statutory maternity pay, and nothing more, they have nothing to deduct and are wrong to do so. Yes you have every right to lose your rag with your employer.

Email them, so you have a paper trail, asking for an explanation for the deductions.

I'm fine, but thanks for the concern.

I'm not sure which of my posts have been sarcastic, or if that's even what you mean. The best advice anyone could possibly give the OP in this situation is to contact her employer in the first instance. If they don't give a satisfactory answer, then is the time to start contacting the union, seeking advice etc. It really isn't nasty to suggest that people should try to resolve problems in a constructive way before going into battle mode.

I don't understand why the OP hasn't just asked their employer the question. It's an open forum and I'm entitled to express that view. The OP is entitled to ignore me if she wishes.

I’d agree with this. It’s horrible to read and totally unnecessary.

Have you contacted the school yet?

Feel free to report to MNHQ then. I'm sure they will let me know if I have broken any talk guidelines.

Your opinion doesn't change the fact that I think the OP would be well advised to contact her employer to ask about her pay before taking any other action.

Unless they are a bit slow the fact she turned down enhanced maternity pay was definitely a clue.

No idea why it's hard to follow the op. It's obviously a cock up at their end, hope you get it sorted

I totally agree. This is why I think a quick phone call to the employer might well sort it out.