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Appalling treatment at work, what should I do?

5 replies

Inarightfunk · 06/01/2013 09:05

I've name changed and will try not to reveal too many details so as to out myself but I am in a right state over my employment situation and in need of advice.

I am the only female working for a small company in a very specialised industry. I have a 5 month old DS.

My boss has not been a good employer through my pregnancy. I had to make up any time off for antenatal appointments and he took a 3 month holiday leaving me to manage the business during his absence causing me a lot of stress and additional hours. The company only offers basic SMP but I was told verbally that if I wanted to receive it I would have to do "some" work at home, just checking emails and advising on things that nobody else could handle. This has turned into about 3 hours work a day. When I tried to query and stop this I was told that I was no longer considered to be on maternity and this was my "new" contract. They said I couldn't dispute this as by working I had forfeited my right to maternity pay.

I have not received any additional money than the SMP amount but my payslips since starting maternity haven't been given to me.

I've requested meetings but they have been refused. I can't go into the office as it is overseas. The company is a UK company though. My boss won't answer the phone to talk to me.

What can I do and what are my rights. I have been there for almost four years on £35k.

OP posts:
WipsGlitter · 06/01/2013 09:13

Sounds v dodgy. Are you in a union or professional body? Time off for appointments should not have to be worked later. SMP is legally payable. I would stop doing the work/emails and see what happens. Can you contact the head office?

Inarightfunk · 06/01/2013 10:07

No union, professional body, or head office. Very small company.

I was told if I stopped working it would be considered that I was terminating my employment. The work and emails are from clients who have been given my private contact details to get in touch. My boss is no longer responding to my attempts to contact him.

I really need the money so can't walk away and should have four more months of maternity (I worked until the day before I gave birth) But as mentioned they have said they no longer consider me to be on maternity. I am really struggling with this.

OP posts:
ginmakesitallok · 06/01/2013 10:08

I would contact CAB for advice - but htey can't just end your maternity leave without your consent. First thing I would do is write to them telling them that you are still on maternity leave.

WipsGlitter · 06/01/2013 14:37

You need to get professional advice. They're talking bollocks. Have you anything in writing about your maternity leave? You are entitled to a year on maternity leave. It is up to you to let them know when you are coming back, not for them to decree its over.

Put everything in writing from now on, don't call them and ask them to contact you in writing as well. Have you gone over your bosses head?

Lonecatwithkitten · 07/01/2013 15:42

It maybe worth checking your household insurance to see if your family legal expenses would cover some advice for this.
Firstly write down everything you can remember about the conversation that suggested that you need to write down everything that was said by whom and if anyone else witnessed it.
If they are a small company they would get 101%of of your SMP reimbursed to them by HMRC so is it likely they are claiming this whilst telling you that you are no longer on maternity leave?
They need to advise you of changes to your contract to enable you to discuss these changes with you and for you to decline them.

You should have continued to recieve your payslips.
So as you can see their breeches of employment law are building hence the need for you to have really good advice right now to prevent you being mislead any further.
By any chance is the main company US based? This sounds like the kind of deal offered in the US to allow women to work beyond the 6 weeks maternity there.

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