Work didn't pay me for 3 days in Dec as it was the end of my Mat leave and they wanted to make sure I came back. Surely they are in the wrong?

[KirstyJC]

OK, so the amount is peanuts anyway - only 3 days as it's after 6 weeks unpaid AML, but it's the damn principle!

I work for the NHS and they paid us early in Dec, on 22nd. My changes form, detailing that I will be coming back to work after ML, was received by them at the start of December. I was back at work on 28th December although on Annual Leave still so not actually there.

They didn't pay me anything, and I have just queried this to be told:

"We have to prioritise paying staff and it's only 3 days"
"We have terrible trouble with people not returning after ML"
"We couldn't be sure you were going to return to work so, as it was only 3 days, we decided not to pay you"
"We would check with your Dept that you actually turned up for work after Mat Leave"

Now OK, they didn't know it was annual leave and therefore I wouldn't be there anyway, but to me this is blatant discrimination by being on ML - she denied this, saying it has nothing to do with it but did agree that they have paid all members of staff who are not on ML without waiting to see if they are there or not come 28th December. So to me, the only reason they didn't pay me was due to thinking I might not be back from ML - therefore they are treating me differently due to being on ML.

I know I retain all contractual rights (and obligations) whilst on ML except pay, ie I won't get full pay on ML, but when I am back at the end of ML I should be paid, no?

I am beyond fuming that someone could just decide not to pay me! And not bother to let me know.

I want to make a complaint, but need to check a) that I am right and b) get some hints with wording.

So if anyone can help I would be very grateful. Thanks.

Yes you are absolutely right.
I have returned from ML twice, NHS, with no problems so I don't think this is usual practice.

I would draft an email suggesting you consider this to be an unlawful deduction from your wages and that you expect it to be paid within the next 7 days, and see what they say.

I would also mention the ML part as it certainly sounds discriminatory in attitude - though I suspect they were just making up a (crap) excuse and that was the first thought that came into their head. ( disclaimer I am not an HR bod)

Hmm, I can see that they might have thought it was a bit odd to pay you for 28-30 Dec on the 22nd (in the same way that if you were scheduled to start a new job on 28th Dec, and the payroll date was 22nd Dec, you might not get the pay for those 3 days before you'd actually started). BUT clearly they do now owe you for those 3 days and you need to establish whether they are paying you straight away, or adding it onto your January payment.

They have offered to pay it but I said it can wait until end of Jan.

What annoys me is that they just said that as it was only 3 days they made the decision not to pay me as they had to prioritise! They then (both the person I initially spoke to and then her supervisor) said about how they had to be sure I returned after ML etc etc.

I returned last time, to annual leave as well, with no problems, although this was for a longer period in the pay month.

They said they did this to another woman too as she was only due 2 days for December after ML. So it does seem like we were both singled out as 'not priority' as we were on ML.

I am SO angry. I don't care about the money being paid late, I care that they feel it is OK to pick on people on ML and decide not to pay them, and not tell them. Also, I know the NHS - this will only change if someone makes a fuss and complains. Which I will do. With knobs on. Although I think perhaps I will wait until I have calmed down a bit.

BTW it probably isn't an unlawful deduction, they have just not paid you which I believe is technically different (at least that is what I was told when I waited circa 18 months for my Agenda for Change backpay ) but how would you know ?

I would also check that your line manager told them you were returning/had returned onto AL - do you have any kind of timesheet sent in as this is usually done on your behalf if you are off.

X post with Bramshott. Yes, if I were a new member of staff it might be different. But I have been there over 4 years! They are not disputing that I am owed it, and have offered to pay - my point is that I feel they shouldn't have not paid me at all in the normal pay run, with other staff, who were also paid on 22nd December for the period up to and including 31st December.

They have singled me, and the other lady, out as lower priority due to being on ML.

X post again - no, they didn't know I was returning onto Annual Leave. I can't really see that it makes a difference though - I asked her and she confirmed that she had paid all other members of staff who were on Annual Leave on 28th December. ie those not on ML.

I don't have timesheets, it's regular hours.

The payment on 22nd December was to cover the period 1 - 31st December so should have included payment for any of those days, irrespective of whether or not they came after 22nd Dec.

Can you tell I'm still cross!!! I have just had a call from my Head of Dept asking if I'm OK as she has had an 'incident' reported to her from payroll......now I'm also cross they reported it before me too!!

Oh well, off to write a complaints letter....

They are ridiculously stupid. Of course they should have paid you (I bet this never happens to NHS payroll staff)

But in my experience of NHS payroll, YABVU to expect it ever to work smoothly. I tend to use the phrase "Well can I speak to their boss" to quite good effect these days. "I arranged xxx in good faith" is a good one too. It's not unusual to return on AL, so they really are trying it on. DO NOT stand for it!

When I started work for the NHS, if you began work later in a calender month - after about the 16th IIRC - you did not get paid at the end of that calender month, but it was then added on at the end of the following one.

I'm sure when I returned from ML my manager had to confirm that I had actually returned in order for pay office to arrange my pay. They offered to arrange for you to be paid - so I don't really see what your issue is? I'd just put it down to an overworked pay office over festive period.

They have tried to save themselves a job in case you do not return. It is not payrolls place to decide if you need to be paid they should pay you when they are due to pay you. I would be very angry.

I think you should raise it tbh

It could be construed as a fundamental breach of the employment contract. It is a big deal because there is the potential for problems and cost for the organisation, so whoever is supposed to be running that particular show should be informed.

If, for example, a woman returning from maternity leave thought she had been badly treated during pregnancy or maternity leave, or if she was extremely worried or reluctant regarding her return to work, then not being paid could be seen as a substantial breach of her employment contract and she could claim constructive dismissal with maternity/pregnancy discrimination. By behaving as they have done payroll could cause or exacerbation a situation. It's extreme but not impossible or even that unlikely.

I suspect it is a case of somebody junior making a decision that is not in line with policy or the culture of the organisation. To prevent additional cost to the organisation (if they did it again or did something worse it could potentially be costly later) you have a duty to raise it (IMHO).

Once raised so long as everything else goes smoothly after you report it I wouldn't say or think any more about it.

Good luck with your return op