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Original poster

What are my rights in this situation? Maternity.

35 replies

Gigimoll · 02/02/2018 22:57

Okay. So I has my dd in April 2017. I'd been employed for 2 years at this point in the same company so my maternity was well earned in over the year and a bit before falling pregnant with her. That manager was lovely and got everything done and sent off. I didn't ever have an issue. I left early at 29 weeks due to SPD.
So when she was 9 weeks old I unexpectedly fell pregnant with my ds. I'm currently 32 weeks. I was on contraception too so it's threw me completely. I worked it out (and joined the union whilst I was at it) by looking at maternity action, I'd have to be in work for 13 weeks to qualify for smp again. I'm paid by my company so its fine.

So I went back to work in November and announced I'm willing to work up past it.
Anyway. This manager is awful. Absolutely awful. She's underpaid me by 3 months and as I'm the only person working in our household (dp let go 3 months ago!) I've nearly lost my home because i can't pay rent and I've been living off our credit card. This doesn't include any luxuries. I cut back so much. I wish we could have luxuries. Every time I queried about my missing money I'd get excuses. "oh. I don't have a date yet." "oh, take it up with my assistant!" in the end I phoned head office and did it myself. They weren't happy and ended up owing me almost a grand.

So she's done buggar all about sorting my maternity out. I can't so this side apart from filling my forms out. Which I keep trying to do. She 'lost' my mat B1 that I handed in at 25 weeks. And wouldn't tell me how much holiday I'm entitled to left (I've had 9 days out of 35) so I could use it before my ds is due. This gives me 7 weeks holiday as I'm part time. I have almost 7 weeks left. Now I'm told I can't use it and my maternity probably won't be sorted out. So I'm unsure whether to phone head office and announce I'm leaving again.

So today. I have an appointment for my GTT test tomorrow. I've had to miss it 4 times now for work. My midwife told me I was entitled to paid time off for antenatal appointments. Turns out I got bollocked. Hugely. I was told I should have scheduled it for my day off. (which I tried) and that it'd only take half hour and I could come in an hour later. Um no. So its unpaid which I'm told is illegal to do.

What are my rights here? I joined the union as soon as I was underpaid so that's no problem. Am I entitled to a day paid for appointments or not? What do I do about my non existent maternity? At this rate I'll be giving birth to ds at work

OP posts:

Allaboutthatcake · 02/02/2018 23:00

You need to speak to Acas and your union. No point paying to be in a union if you don’t use them.

Original poster

Gigimoll · 02/02/2018 23:06

To be honest I'm not sure about the union and how I go about things or how it works. I'm still waiting on my membership letter

OP posts:

Allaboutthatcake · 02/02/2018 23:21

You should have got an email at least. Acas are a good start as they’ll give you free advice.

prh47bridge · 02/02/2018 23:21

Your new manager clearly doesn't have a clue. Your midwife is correct that you are entitled to paid time off for antenatal appointments. Also your manager must allow you to take at least the statutory level of holidays - I am not clear from your post whether or not that has happened. And failing to sort out your maternity pay after you handed in your MAT1B could get them in trouble with HMRC.

If your company has an HR department you need to talk to them. The way your manager is carrying on will land them with a discrimination case. I would also find out who your union rep is and talk to them.

Original poster

Gigimoll · 02/02/2018 23:24

All this is through HR. My HR manager lost my mat b1. Underpaid me and denied my appointment despite me showing her the letter

OP posts:

prh47bridge · 02/02/2018 23:24

I would also inform your company of the date on which you will be starting your maternity leave if you have not already done so and make it clear that you will refer them to HMRC if they do not confirm your maternity pay entitlement within the next week.

Mumsymcmumface · 02/02/2018 23:24

While i do sympathise, some of you union members should try being self employed for a while!!!!

Original poster

Gigimoll · 02/02/2018 23:25

So I'm not crazy,? It is discrimination? They ganged up on me today telling me to rebook my gtt on my day off at least. I Could have cried and quit

OP posts:

Original poster

Gigimoll · 02/02/2018 23:28

@mumsy I'd love to be self employed. I wouldn't have to deal with half the bullshit.

OP posts:

AntiHop · 02/02/2018 23:28

Contact Maternityaction.org.uk for advice.

They've been awful to you!

prh47bridge · 02/02/2018 23:29

Cross posted. It sounds like this person should not be working in HR as it would appear she has no idea about the relevant law. Perhaps time to try someone at head office.

Definitely time to talk about referring them to HMRC over the maternity pay issue. I would also threaten to take them to tribunal for unlawful deduction of wages for the underpayment and also for illegally deducting pay for antenatal appointments. You might want to refer her to www.gov.uk/working-when-pregnant-your-rights which sets out the legal position. Finally, I would make it clear that, unless they sort things out and comply with the law, you will seriously consider bringing a case for discrimination.

prh47bridge · 02/02/2018 23:29

Yes, what they are doing is clearly discrimination. You are not crazy.

Original poster

Gigimoll · 02/02/2018 23:31

Thank you ladies. I have rheumatoid arthritis and tietze syndrome as well as having developed sciatica in this pregnancy. I'm really struggling and I'd like to leave next week. But I doubt they'd process it. Should that be a head office job as I'd like to take holiday before which I'm entitled to.
Im fed up and aching and I can't be bothered with the stress anymore.

OP posts:

prh47bridge · 02/02/2018 23:32

You are getting nowhere with local management so I would take it up with head office. And I would also find out who your union rep is and talk to them.

Original poster

Gigimoll · 02/02/2018 23:33

Would I even have a case? My dp said the same to take her to tribunal for my wages as we nearly lost our home. They paid me what they owed me this paycheck after I went to head office about it. The HR manager now avoids me like the plague. One month I bought home 100 pound. Not even enough to cover my council tax.

OP posts:

Eeeeek2 · 02/02/2018 23:34

Get them to put it in writing that they won’t pay/allow you to go to your appointment, they’ll either back down or you’ll have the evidence of them breaking the law. You are entitled to pay medical appointments.

Do not quit, if you have to get your doctor to sign you off sick for a pregnancy related illness.

prh47bridge · 02/02/2018 23:39

If you can show they have underpaid you, you have a case.

If they refuse to pay you when you attend an antenatal appointment you have a case.

And their refusal to process your maternity leave and maternity pay also means you have a case, although your first step with that one is to refer them to HMRC rather than start any legal/tribunal proceedings.

You should take advice from a lawyer who specialises in employment law regarding a discrimination claim if you want to go down that route but, based on what you have posted here, my view is that you have a case. And warning them that you are thinking about bringing a discrimination case does not mean you have to go through with it.

Right now I am very angry on your behalf. No employer should behave like this in this day and age.

prh47bridge · 02/02/2018 23:43

By the way, your union will be able to help you with legal advice. They will have lawyers who specialise in employment law.

nerdsville · 03/02/2018 00:29

I've got a horrible feeling (though this will depend on your exact dates) that the fact they underpaid you for 3 months and then paid all your arrears this month is going to mean that when they come to calculate your SMP entitlement, your earnings are going to be too low in the qualifying period and you'll get a 'computer says no' type response.

I'm not saying this is correct, just that your employer sounds like a shower of shite and I wouldn't be surprised if this is the next problem you encounter so you might need to be prepared and ready to argue the points with them.

When's your due date and what date did you return to work? How much do you earn per week (or how much should you earn if they pay you correctly?) Are you salaried or do you submit timesheets? Paid current month or a month in arrears?

Lots of questions I know but if you can work out the position on your SMP before you go back to them then at least you're forearmed in case they keep cocking up.

Have you notified them of your mat leave start date in writing already?

Original poster

Gigimoll · 03/02/2018 05:40

Exactly! Because she had underpaid me it'll affect my smp. She actually said I'd get paid fully for 6 weeks and the rest it'd be half my damn wage! I've got no clue what to do about it. I returned to work on the 6th November and I'm having the baby on the 29th March. So I wanted to leave around 33/35 weeks depending on how I felt. But I was going to leave at 33 an use holiday which I can't now do :(

OP posts:

Original poster

Gigimoll · 03/02/2018 06:05

Oh gosh @nerdsville how do I go about getting the correct smp now? She's really ballsed this up for me. It's half 5 and I'm up panicking now I don't know how they expect me to live. I won't qualify now will I being as though I'm having to do her job for her for me

OP posts:

ApacheEchidna · 03/02/2018 06:49

You certainly are allowed time off for appointments without loss of pay, and they cannot require you to always have these on non-working days. Maternity services are stretched massively and if people start getting too picky about appointment times it could cause delays that impact the health of mum & baby. However that doesn't mean you get a full day of paid leave every time you have an appointment. You should be showing that you want to get as much work time as possible and doing anything that you can (short of delaying important appointments) to minimise the impact.

Underpaying you is not on. However, will the union actually help given that you only joined after this all started? Unions I have joined have always had policies that they can only provide help and support for situations which arise after the date that you joined.

PiggyPepper · 03/02/2018 06:58

If you have legal cover on your home insurance policy then it (usually) covers employment issues - give your home insurance provider a call and they will be able to refer you to a solicitor who specialises in employment law

prh47bridge · 03/02/2018 07:41

If they use the underpayment to justify lower SMP you should refer the matter to HMRC. Your employer is required to include the underpaid amount in the SMP calculation.

LIZS · 03/02/2018 07:52

You could ask advice from acas as to how to resolve this.

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