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Original poster

Acting up post - rights

13 replies

lexiemum · 12/02/2006 15:11

I have been in an "acting up" post for 14mths - 5mths of which have been mat leave(return in mar 06). The post is becoming permanent but has to be advertised - internally, and has been.

I have applied as I enjoyed the job and fits in better with childcare than doing shift work.

If I don't get it do the company have any responsibility within employment law to offer me a similar post to the one I have undertaken for last year?

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lizziebeth · 12/02/2006 17:54

Lexiemum, I don't know the answer. But I'd also be interested in any advice people have on acting up situations.

I've been acting up for 2 years and am wondering if I should be paid at my acting rate when I go on maternity and if I should be entitled to come back to the acting up job after my maternity leave too?

vitomum · 12/02/2006 17:59

i think that if you didn't get it then you would go back to your original post (the one that you were acting up from). I am sure that you will have an excellent chance of getting the post though. good luck.

lars · 12/02/2006 18:06

lexiemum, my dh has been in this position before, i'm afraid if you don't get the post after being interviewed you are back to your old grade.I've known this to happen to a few people that I know in different companies. larsxx

Original poster
lexiemum · 12/02/2006 18:45

thought so, oh well.

lizziebeth - yes, u are paid at the salary you are on at point of mat leave starting - mat leave is based on your salary at so many weeks before confinement - someone from hr will know doubt tell us.........

so if you're due bonuses or can do overtime - then this is the week to do it. i got £200 extra approx by doing this each mth.

i will be going back into this acting role as interviews not till after i return - though must say I'm in nhs and have managed without the role whilst I've been away, not sure whether this would happen in business world.

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lizziebeth · 12/02/2006 18:52

thanks very much lexiemum. I hope you get your job.

I asked HR and they told me it was at my line manager's discretion whether to pay me at acting or substantive rate. and that there's no legal requirement to pay me based on what I've been earning recently.

it's crap being on acting status, isn't it? not the same security at all.

Original poster
lexiemum · 12/02/2006 20:59

lizziebeth - don't think this is right so have checked with my sis - she does payroll etc in HR. She said:

mat pay is calculated as average earnings at your qualifying week and is stated on the MATB1 you get from gp at 20wks. She can't remember the date but thinks it is 15wks that is the qualifying week - they then take an average of two months salary from this date and this is what you are paid for maternity pay.

Therefore, in her line of work she finds that lots of people organise for bonuses to paid etc in this time and as a result end up earning more on mat leave than they normally would.

I think you need to get this clarified asap to put your mind at rest.

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lizziebeth · 12/02/2006 21:28

Thanks for doing that lexie. do you think that's the particular policy in your sister's company or does she think it's the law? I just can't seem to find any law on ACAS or DTI websites that state this so if she knows anywhere that it's written down, that would be great.

thanks again for all your help
lizziex

Original poster
lexiemum · 13/02/2006 08:42

I think it is probably law around how SMP works alongside salary - companies get refunded. she does/did payroll (her company) for a wide range of companies from fizzy drink to insurance to government offices and its always the same.

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Original poster
lexiemum · 13/02/2006 08:44

oh, just a thought - is your payroll sep to HR? could phone payroll and ask them how they calculate mat pay?

sorry can't help with any websites but if we keep this bumped i'm sure someone will come along with the answer.

how long till you have baby?

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lizziebeth · 13/02/2006 13:08

that's a good idea re: payroll. i'll try that.

I would really like to find something in writing as i know my company will dispute unless something's actually written down in law!

clerkKent · 13/02/2006 13:16

You could try CIPD and search for "maternity pay".

maybebaby · 19/02/2006 21:51

Hi, I wonder if anyone can let me know how I stand on this issue. I'm currently on maternity leave, and am entitled to extended unpaid leave until mid october this year however, I am being pressured by my boss to return to work now due to staff shortages. He has telephoned my twice at home, the first time he rang I commented that I was not prepared to return to work at the moment due to child care arrangements etc and, further commented that, in any event, I would not be looking for full time work, and would be asking them to consider a 3 day week. After a week or so consideration, he has called me again stating that if I return to work within my 6month smp period he will allow a 3 month trial of my part time hours but will require me to put something in writing to the effect that I AGREE to the trial period of 3 months and that if it is not suitable it will have to be reviewed. I am confident that he will simply give me 3 months then say things are not going well and either come back full time or leave, surely this would be deemed constructive dismissal? I have not put anything in writing to my employer at this time. They do operative a separate HR division and I know I could speak to them directly but fear that, in doing so, I will ultimately be signing my own redundancy notice.

Sorry for such a long waffle! any advice much appreciated....

Original poster
lexiemum · 19/02/2006 22:54

set this up as a seperate thread as you might get a better response.

your employer is not allowed to question you regards your plans to return and i'm sure you don't have to tell them until 4 weeks beforehand at which point you would ask to discuss flexible / shorter hours etc. You probably have not done yourself any good by stating what you would like to work - hence, what I perceive as a bit of bullying "come back earlier and you can have what you want" - is what has been offered. If you've got any written evidence to this - keep it, just in case.

I guess that you would have to put a good case together as to how/why your job can be achieved in 3 days or what proportion could be. Whether job share is more appropriate. Other examples already in your workplace. But this would be done at the point of the three month review.

for now - don't say anything else to your employer, enjoy your time with your baby and let them know when you are ready to return to work, have childcare in place etc.

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