Alabaster

[zombeana]

I have an issue with my employer over Alabaster and I need some help...I am stressed beyond belief with the way they've treated me since I told them I am taking maternity leave. Firstly, I was on a rolled up holiday pay contract with an hourly rate in one role which covered my qualifying period so they used this to calculate it, I was then offered another role (also with rolled up holiday pay) on a much higher hourly rate. At this time I was told I could not take annual leave and could not accrue it as 'it was already I my hourly rate'. It took me 2 months and many, many conversations for them to finally allow me to accrue annual leave whilst on maternity but only for 18 weeks, they refused to allow me to accrue it for 39 or 52- citing because I was already getting it included in my maternity pay (??).

However since then, I have been offered my current role on a permanent basis, on a higher salary - with holiday. Which of course I am grateful for, but am now I am due to go off I a week and don't have a chance to use my holiday...! I could really have done with it! ..Anyway

I asked them if they would recalculate my maternity pay and they have refused citing it's not a pay rise it's a promotion and a new contract therefore I do not qualify. HMRC have disagreed and believe it should be recalculated, however HR have claimed they also rang HMRC and were told the opposite...

Does anyone have an opinion/advice on this? I don't really know where to turn. HMRC have raised a dispute, but this could take months and I am 37 weeks pregnant and up all night worrying about this.

Thank you.

Have you pointed out to them that rolling up holiday pay and not allowing you to actually take annual leave is unlawful?

As you probably know, the Alabaster ruling applies where a woman gets a pay increase after her maternity pay has been calculated but before the end of her maternity pay period. There is no exception for pay increases that are the result of a promotion, for the purposes of this, a pay increase is a pay increase. Either your pay has increased or it hasn't.

You have turned to the right place by involving HMRC and raising a dispute through them regarding your maternity pay. In terms of unlawful rolling up your holiday and not allowing you to take it as holiday or accrue it through your maternity leave, your first step would be a grievance, have you done that yet?

Thank you for your response.

No I did not raise a grievance regarding the annual leave, because I was waiting to hear about my role becoming permanent and, as it did, the issue went away as I do now get my yearly allocation of annual leave. Albeit a little late...I've managed to take half of it before I go. HR were a bit unclear about whether I can take it at the end. They said I will accrue 38 days if I take a year off (our allocation is 30+8 bank holidays) but I'm still a little unclear on the 8 or so days I still have left for this years allocation.

I did point it out to them that it was unlawful and they told me they sought legal advice (why it took them so long to come back to me) and they had been assured I can only accrue it for the 18 weeks of maternity, not the final stretch and certainly not the final 12 weeks! They did not even mention the rolled up holiday pay element. I still believe this to be wrong, but as it no longer directly affects me, I did not pursue it. I did inform my Union rep as I'm sure they are still using this for other hourly paid staff going on maternity which is clearly unfair. He was going to follow this up.

If you think I should still raise a grievance re this issue - I would do this. I just thought as it no longer affected me I would not be able to.

I really hope that HMRC agree with this, if not...what is my next step!?

Any one have any ideas? This issue started in jan so if I need to raise a grievance time is running out.

I have been worrying all weekend as, on Friday my partner (works at the same organisation in senior management) was asked just in passing by the CEO how everything was with me and baby etc as he looked stressed out! So, he told the CEO, who was not pleased and asked me to send all the info to her and I did. Now I'm concerned I've made a mistake in doing this? It included email trails. Is there any issue with this?

It wasn't clear from your OP that they are not now refusing to allow you to accrue holiday throughout your maternity leave. If you want holiday from before then you need to raise a grievance about it. As I said, in respect of your SMP you are following the correct route already.

Why are you concerned about the CEO knowing about this issue?