can anyone help me write a grievance letter?

[TinyPenguin]

My employer has denied me access to join the child care voucher scheme because I am due to go on maternity leave. My application to the scheme was made one week prior to my maternity leave starting. I have contacted 'working families' who have suggested that this may be a case of sexual discrimination and I shouldn't be denied access to the child care voucher scheme. They have advised to include to following points from HMRC:
The scheme must be open - an employer cannot make distinctions between those who can and cannot join.
During maternity leave all contractual non-cash benefits must be allowed.
Unless the scheme is to be closed completely to all new applicants then I must be allowed access to that scheme.

I can't even think where to begin writing this letter?! So any help would be gratefully received.

thank you.

"Dear Boss

Further to my conversation with/letter from/email from X on [DATE] regarding my application to join [employer's name] childcare vouchers scheme, I understand I am being prevented from joining because of my pregnancy and impending maternity leave.

Under the Equality Act 2010 it is illegal to treat a woman less favourably because of her pregnancy or maternity leave. It is my understanding that the childcare vouchers scheme is still open to new members, that I meet all the qualifying requirements to join the scheme, and that had I not been pregnant and about to go on maternity leave, I would have been allowed to join.

I am therefore forced to the conclusion that [employer] is discriminating against me because of my pregnancy and would like you to consider this letter a formal grievance in relation to that discrimination.

I understand from our grievance policy that I can expect a grievance hearing within [x days or whatever it says] and I look forward to the opportunity to attend such a hearing.

Yours sincerely

TinyPenguin

copied to HR dept."

...or something along those lines

Have they actually stated you can't join due to your imminent departure? Before entering into a grievance Are you totally sure of your position?

I ask as I'm in these schemes myself with my employer. They used to have a rule that you could only take up or change the taxable benefits once a year OR if you had a life changing circumstance. Kids obviously count as the life changing circumstance but if they are not here yet, you wouldn't be able to apply until your return. I'm certainly no authority on this but I'm wondering if this is their issue. I'd see if they could articulate their reason for declining you to make sure your response is watertight.

I would think going on maternity leave is a fairly life-changing experience. No need to wait for return to work. Life is still a-changing even if you're not in the office.

Great letter Flowery.

Op, if you've not had it in writing that you definitely can't join the scheme due to your impending maternity leave it might be worth going in with something less formal to begin but in writing. Along the lines of "I applied for the childcare voucher scheme but my claim has been rejected. I am confused because I understand I meet all the required criteria. Please would you have another look at my case and if you still feel I am not eligible please explain the reasons why.".

Can I just ask a really silly question: you do have a child/ren already don't you? You can't claim for an unborn baby.

Yes I agree if you haven't actually been told that's the reason ask for the reason first.

I would disagree with working families on one thing. I wouldn't cloud the issue by saying about receiving all non cash benefits during mat lleave. Vouchers are not part of your benefits package currently and as yet you have no reason to suppose that if you were in the scheme, they would withhold the vouchers during your mat leave. That's a separate argument.

If you are part of the scheme they legally can't withhold them on mat leave- i know this as a fact as my employer made me' opt out and when I realised they were obliged to pay them over my SMP I contested it and they had to make a huge back payment - amazing as they are one of the UK's largest employers

hi, thank you for all your responses. I do already have a child so am eligible to join scheme. I've had a response to say that I can now join the scheme but they will remove my access once I reach SMP - obviously they can't do that - I'm either in the scheme or not?

They can't - I directed my employer to the hmrc guidelines - there was a biggish PDF doc on there and I remember somewhere between the page 12-15 area the regs were quite clear that they need to pay it over and above your SMP. As I say my employer went all quiet when I showed them this for about 4 months (no doubt consulting hr lawyers as it would be a massive cost to them) and then I got about a £3k back payment

No they are not allowed to remove your access. They can continue to take deductions while on maternity leave from any enhanced pay they offer but they can't deduct anything while you are on SMP only, and must continue to provide vouchers for the entire duration of your maternity leave, whether you're receiving any pay or not.

so, since I directed my employer to the hmrc guidelines they have accepted my application & will continue to provide vouchers during my SMP & AMP - have a feeling they will mistakenly deduct vouchers from my SMP so will have to keep an eye on my payslips next year!

thank you for all your responses, especially flowery for the draft letter.