Changes to maternity package

[WillYouDoTheFandango]

I am currently on mat leave. My work offer(ed) an enhanced maternity package. I have received an updated copy of the employee handbook today that has the new greatly reduced maternity package in it. They have stated that this will not affect this period of maternity leave. I know that they are able to do this as it is a perk not a requirement.

However, another change has come in that will affect me when I go back. They have changed the requirement for me to stay employed by them from 3 months to 9 months or I have to repay my maternity package.

I was wondering if this is legal? Can they impose this change on me when I have already received the money and the maternity leave is already underway?

No.

If your previous maternity package was contractual, they can't just change it easily anyone.

Assuming it wasn't, for any clawback arrangement you have to be notified beforehand, so the change to that can't apply to you. You need to have the option to refuse based on the conditions offered. You accepted the enhanced pay based on the condition that you'd have to work 3 months, not that you'd have to work 9 months.

It wasn't in my contract, it simply says for details refer to employee handbook, which seems to be a bit of a get out clause. I'm fully fucked off to be honest, they have slashed our sick pay, bonuses (not that we ever achieve our "company" targets) and maternity package and now this latest gem! I shall write to them and challenge it then.

Thanks for your reply

Hi just to update, I rang ACAS and they advised that as any additional maternity pay is contractual my employer can basically do whatever they like and I just have to suck it up. ACAS said that while I can apply to my employer to ask whether I would only have to repay the amount received after this change came in if I left between 3 and 9 months after returning, there is no legal obligation for them to do so.

ACAS are wrong. Not unheard of sadly.

Yes your employer can impose whatever terms they like on enhanced maternity pay, however they cannot impose those after the event, they must make terms clear before paying out the additional pay. If you are notified of the terms and accept the extra pay, you are bound by those terms, and they cannot unilaterally change them.

Thanks Flowery, I shall email my employer then. The woman on the ACAS helpline was so rude too, she said this only matters if you want to leave are you planning on taking their money and quitting is that what this is about? I had to explain that I have no intention of leaving but I wanted to be sure where I stood with all of these changes. Not a nice morning!

Aw, shame. Well as well as being rude she was also clueless.

If you think about it, it doesn't make sense anyway. It doesn't really sound legally right that an employer can offer enhanced maternity pay with terms and conditions of returning for 3 months, and then on the day before the employee comes back, suddenly tell her she has to return for 2 years does it? Because that's basically what the ACAS employee has told you.

Are you certain your employer intend to change your return period? Just because the terms of the new package in the new handbook are return for 9 months doesn't mean they intend to apply those to employees who have already been in receipt of the old enhanced pay on the previous terms and conditions.

I knew it didn't sound right but the more I explained, the more patronising she got

They sent me a letter, it says these sections may affect you:

1. Changes to maternity pay (please note this change does not affect the current period of maternity leave)

1. You must return to work for Company name for 9 months following maternity leave or you will be liable to repay all additional maternity pay.

It may just be a badly worded letter and neither applies to this current period of mat leave, but I wouldn't put it past them to try to pull a fast one in the hope I don't think to challenge it.