Post-maternity leave 'tie-in' any advice?

[Deliaskis]

Hello oh wise employment people.

I have been at my current company 5 yrs. I went on mat leave in Feb, for 6 months, and as a 'key member of staff' I got supplementary pay over and above the usual SMP provision. The paydeal was 50% pay for 20 weeks after the 6 weeks at 90%, on the condition that I returned at 6 months, and stayed with the company for 12 months. This was offered to me in a letter, which I didn't sign or return, it was just an offer, a letter, and a thanks, but of course as I did receive the pay, I guess it can be assumed I agreed to the terms. If I broke the terms of the agreement, I would have to pay the company back the amount of 'extra' mat pay I got, i.e. if I give notice to leave before 12 months is up, I owe them several thousand pounds.

Aaaaaaanyway, I've now been back at work 5 months (so 5 months into the 12 months 'bond' as it were), and things are getting very difficult. Redundancies this week (not me, yet), cashflow v difficult, more work, fewer people, and to top it all off one (newish) senior member of staff being very unpleasant and making the atmosphere really horrible.

So, I want to go back on the agreement, and was wondering how enforceable it would be. The thing is, I loved working for this company, was thoroughly invested in it, believe in what we do, and was looking forward to returning to work, but since I have come back, it's a miserable existence, and I feel like I am continually just one bad meeting away from being given my marching orders. I was previously very loyal to the company and wouldn't have dreamt of going back on an agreement (and had a fairly low opinion of people who would). I just feel like I'm waiting to be made redundant, but I can't look for new jobs or be pro-active in any way, because if I was offered one, I would then have to pay my current company a shed load of money that I don't have spare.

I really feel about even asking this as it's really very bad form to go back on an agreement, but I really feel like my current situation is untenable.

I just feel trapped, I want to start looking for a new job, because I'm miserable, and frankly the company is probably going to go under within 6 months, but I can't, because of my mat leave deal, which at the time, was fabulous, but a lot has changed here since then. I know this is all reliant on me even getting another job, which is by no means easy in the current climate, but equally I don't want to piss off potential employers by starting to apply for stuff, getting interviews, and then messing them around.

Anybody been in this situ?

D

your situation is very similar to one i was in when i had my second child. The big difference being i wasn't offered a pay deal but felt the same as you. I went on maternity leave but then they started to ask me to work odd days here and there and they would give me extra holiday. i said no, and they paid me for each day on top of maternity pay.

I;m no legal person, but, due to the fact you didn't sign anything should mean your not tied in, but, i;m not sure. A lot of solicitors offer their first hour free. I'd be inclinded to contact one, even if it was over the phone to see if you would infact, break the 'contract'

Hope you get this sorted soon xx

Doesn't matter that you didn't sign. You knew the conditions of the money when you accepted it.

They can't stop you leaving obviously. They would deduct as much as they can from your final salary and any holiday pay outstanding and you'd then need to pay the rest. They'd probably allow instalments.

Why don't you start looking round for other jobs- you don't know how long it would take to find something anyway, then depending on when you find something/ what salary it is/ whether you are in consultation for redundancy, you will be able to make a more informed decision.