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Promotion on mat leave - when do new Ts & Cs kick in?

4 replies

Mafiti · 03/08/2013 14:10

I successfully interviewed for a promotion at work during my mat leave in May. My mat leave ends at the beginning of October, when I will go into my new role which entails a new contract, new holiday entitlement, new salary, so new terms basically.

It's company policy to take all your accrued leave before coming back to work, so I'll have nearly a month's leave to tack on to the end of my mat leave, which will be on full pay. I'm totally confused as to what should happen legally: I was offered and accepted the job in May, but have not signed a new contract yet. As of when should my employer consider that I am in the new role? It has implications for that month of leave. I don't know if it should be paid at the rate equivalent to my old job or my new job! Does anyone know the answer from a legal perspective? And has anyone had experience of this that can share?

OP posts:
lougle · 03/08/2013 14:19

It depends when you are taking up the role. Which post are they covering while you are on Mat leave? Are they covering your old role our the new one?

Mafiti · 03/08/2013 22:17

They back filled the old one and there are two people on attachment to fill in for me until I get back into the new role. I guess my quandary is whether or not to argue that I feel I am already in the new role and should therefore have my leave paid at the higher rate. Before I do that I want to be reasonably sure I've got good grounds for the argument.

OP posts:
flowery · 04/08/2013 08:04

When a new role takes effect is not a legal thing. There couldn't be a law saying promotions must take effect within x amount time after the person is told or something. It's up to an employer to decide when a new role takes effect. If you've offered and accepted, does that mean it was all verbal?

You should receive a letter confirming the changes to your terms and conditions, including the date these changes take effect. A new contract isn't necessary, but you may get one. If you've not had written confirmation yet you should chase that up.

Mafiti · 04/08/2013 13:25

Thanks, flowery. That's what I'll do.

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