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Original poster

No salary review because off on maternity leave?

26 replies

hoolagirl · 30/08/2006 10:12

I have been back at work for just under a year now. My salary review is usually due in September, but last year I was still off on maternity leave and did not return until November.
Am I right in thinking that I should have been entitled to this on my return to work?

OP posts:
speedymama · 30/08/2006 10:53

That does not sound right. I had a salary review when I was on maternity leave. I bought the twins in and my colleagues looked after the boys whilst I was at my review. You should not be treated differently from other members of staff because that will be construed as discrimination.

CarlyP · 30/08/2006 10:56

i also had a review. doesnt sound right, mention it this yr.

DelGirl · 30/08/2006 10:58

I had a review even though I was off for the best part of a year. I was given the average raise though but thought that was fair.

Original poster
hoolagirl · 30/08/2006 12:33

I thought that might be the case, I will bring it up this year as they overpaid my salary (another story) and I haven't started paying that back yet, so might use it as a bargaining tool.
I've been overpaid the same amount as i would usually get for a bonus, so.... !

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clerkKent · 30/08/2006 12:51

If there was no salary review due to maternity leave, that is sex discrimination and is illegal. It is much harder to make a case if there was a review, but your salary was not changed - especially if other people not on maternity leave also got zero rises.

Ruthy100 · 30/08/2006 13:46

You are definately entitled to have your salary reviewed and if they come back and say you have got a 0% increase, ask for their justification. Also, you may be entitled to a bonus payment for the period you were off, depending on the criteria of the bonus scheme. Ask for a copy of their maternity/bonus policy and see what it says.

Original poster
hoolagirl · 30/08/2006 14:23

There has definetly not been any review, I am waiting for them to contact me with regard to this years.
Believe me they will not have a maternity/bonus policy in place.
And believe it or not I work for a large Solicitors !!
Is it definetly sex discrimination then?
I want to be in full possesion of the facts before i give it to them both barrels!

OP posts:
grumpyfrumpy · 30/08/2006 16:56

This reply has been deleted

Message withdrawn at poster's request.

Original poster
hoolagirl · 30/08/2006 18:08

I can't find anything which covers it specifically, i might ring ACAS in the morning, thanks.

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horseshoe · 31/08/2006 12:18

same situation in my office. It has now excelled big time and is kicking off. I would suggest thinking carefully about how you see your position in the company as I am now on the verge of walking out over it all

clerkKent · 31/08/2006 12:44

See Working Families - the factsheet on maternity rights confirms that you are entitled to a pay review during maternity leave.

Original poster
hoolagirl · 31/08/2006 20:28

Thanks, what happened in your office horseshoe?
Im definetly going to pull them up on it, but I don't want to take if further if I don't need to.
I know they don't want me to leave, I also no that no-one is unreplacable.

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Original poster
hoolagirl · 31/08/2006 20:30

Just seen your thread Horseshoe

OP posts:
VeniVidiVickiQV · 31/08/2006 20:31

Look at the Equal Opportunities Commission website.

They cannot treat you differently to other members of staff due to maternity leave. Absolutely not. If no other staff got a salary review then fine. But if you were the only one. Not on. Complain. Sex discrimination can bring huge claims of "injury to feelings" dontcha know...they'll change their minds.

CountTo10 · 31/08/2006 20:36

Absolutely and not only that I'm sure there was a new ruling not so long ago that if it would have made a diff to your stat mat calc that has to be recalulated to though I'd check this out with HMRC b4 quoting me on it. You are absolutely entitled to the same pay review everyone else is entitled to. The only time benefits change is when you cross from statutory to additional mat leave.

Original poster
hoolagirl · 03/09/2006 15:09

I would have been on additional maternity leave when my pay review was due to take place.
I thought I would have got a pay review when i returned though?

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Hollyboo · 03/09/2006 15:55

When you are on maternity leave you are supposed to be treated as if you where there all along. That includes pay reviews and bonus. If a company is silly enough to ignore this rule you can take any unfair treatment further.

fatfox · 04/09/2006 08:14

Hooly - I agree with the others. Your employers have to treat you the same as other employees so must give you a salary review. To exclude you because you are on maternity leave would be discrimination.

Its worth raising as employers don't always understand the complexities of the legislation unless someone raises it.

Original poster
hoolagirl · 04/09/2006 15:17

Yip, don't think they have deliberately done it to discriminate against me, but will bring it up at this years review.
Think they are more lax than nasty !

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fatfox · 04/09/2006 17:23

Hoola

It might be worth printing some info off the internet and taking it with you when you go to discuss it.

Ruthy100 · 07/09/2006 16:58

Regarding bonus, you are not always entitled to bonus payment if it is specific to your work, e.g. sales targets or something similar, but if it is a company wide bonus scheme, that is based on something like a profit target and everyone else got it then you should be entitled to it too. I would go in reasonably and gently - most employers will want to sort it out with you nicely - or am I being too optimistic!!

Original poster
hoolagirl · 08/09/2006 14:21

Hi all, have just been for my salary review.
First of all, I pointed out that I did not get my review that I was entitled to last year and would they consider cancelling out my overpayment in wages in lieu of this.
Answer was more or less, don't think so..?!
Basically the person giving me the review did not know much of what she was doing.
She is going to consult my boss and get back to me. She said that if I normally got a bonus then they would probably pro rata it for last year as I came back part time and take this off my wages overpayment.
I was hoping they would cancel it out altogether

OP posts:
Original poster
hoolagirl · 08/09/2006 14:22

And I MAY get some kind of bonus for this year.
Hopefully my boss will come up with something better!

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whiffy · 08/09/2006 17:41

If you do an internet search of 'Hyland' and 'ASDA' and read all the solicitor comments on the case you will get up to speed on latest UK views on Bonuses. Basically if bonuses are something where everyone gets a set amount or % regardless of individual performance then you should get something pro-rated; if it is truly discretionary and based on individual performance and contribution then most lawyers advise that it is sex discrim to pro-rata it, and it should be paid in full, BUT this is just current thinking and hasn't been challengedin court yet.
In our company the senior managers get an annual presentation on UK employment law from Linklaters and for past two years their advice to us has always been to pay a full bonus when someone is on mat leave as just not worth the agro and risk of losing if you do otherwise (not to mention publicity as everyone in UK is waiting for one of these cases to come up so that a precedent can be set). This seems ot be standard view of most lawyers ....

Original poster
hoolagirl · 08/09/2006 17:54

Result - i think anyway.
They have just emailed me to say that the amount i was overpaid will be put down as a bonus as i did not receive a review last year.
I don't know whether she's looked into it and seen it could be taken as sex discrimination or whatever.

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