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Can I claim back money from a previous employer - it's been 18 months

8 replies

LaCerbiatta · 11/01/2012 11:59

When I was on my previous job I was wrongly not paid bank holidays when on maternity leave.

It represents around £600 and I'm absolutely furious that I've missed out on money (or time) I was entitled to just because their HR is rubbish and they're always on the employer's side not that of the employee's.

So do I stand a chance if I claim this back? Would like to look this up somewhere so I can make a fundamented request. If anyone can advice I would be most grateful!

Thanks! :-)

OP posts:
flowery · 11/01/2012 13:04

After 18 months no you can't. It would be a sex discrimination claim basically, for which the time limit is 3 months to make a claim.

LaCerbiatta · 11/01/2012 13:34

Why is it a sex discrimination case?

OP posts:
flowery · 11/01/2012 14:53

Because it's about entitlement to contractual benefits throughout maternity leave. Failure to provide benefits during maternity leave is pregnancy/maternity leave related discrimination.

LaCerbiatta · 11/01/2012 16:36

Ok, thanks!

(very disppointed and gutted!)

OP posts:
MotherPanda · 11/01/2012 16:37

you could always ask...

ClaraDeLaNoche · 11/01/2012 16:42

All may not be lost. You could raise a claim for breach of contract through the small claims court. Employment tribunals do not have exclusive jurisdiction. I did a similar case. However I may be in a different place to Flowery (who knows her stuff!) I practiced in Scotland.

You could always try writing to them anyway setting out your claim and see what they say.

spottydogpencilcase · 11/01/2012 23:18

This reply has been deleted

Message withdrawn at poster's request.

LaCerbiatta · 12/01/2012 09:17

Thank you all. I think I'll ask and then not take it any further. I'll sure advise my pregnant and on mat leave friends still in the company about this though.

OP posts:
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