Maternity Policy Changed Whilst on Leave

[GilraenAnwarunya]

Hi Lovelies,

I wondered if anyone had any knowledge of employment law/employee rights that may help me. Here's my situation:

My employer provides an enhanced maternity package. I went on Mat leave in April 2017, the policy that dictates how much I get changed at some point after this time (while I was on leave). I was not notified of any changes until the day before I completed the required time back in work to qualify for it. Can they do this?

I've put in a grievance about it and have a meeting next Wednesday - trying to get myself prepared so any advice welcome!

Cheers!

I would have thought that the policy in force when you went on leave would apply.

So if it changed for the worse that's good for you, if it changed for the better, that's just bad timing.

Or have I misunderstood your question?

I'd have thought it likely that the (company enhanced) maternity leave is a policy that the company can change, not a fixed part of your contract or terms and conditions of employment. What does it say in your terms and conditions about maternity leave?

It sounds to me as if the policy changed at some point (was a Union involved in either policy, by any chance?) and it has a qualification period - you've reached that on your return from maternity leave and become aware of it. I assume that the new policy pays more!

I am not legally qualified, I do have HR qualifications. I think a grievance may be going over the top tbh!

Can they do what exactly? Are they trying to take away maternity pay you've already qualified for under the old policy or something? Sorry it's not clear exactly what they've done, and what the grievance is?

Sorry for not being clearer. I had a calculation of the enhanced payment (roughly £3,500) before I went on Mat leave which was subject to me returning to work for 13 weeks. The day before my 13 weeks had been completed they informed me the policy had changed whilst I was on leave and that they were only going to pay me around £700. Now from my stand point I'm obviously quite taken aback. From what I have read on Citizens Advice, I should be notified of any changes that affect me whilst on Mat leave, which I was not. I have also not had written confirmation of the new calculation either.

Is that a lump sum after you have returned from maternity leave? That is very unusual, normally you'd just be liable to repay any enhanced bit if you didn't return. I have absolutely no experience of a lump sum at all!

As I said, I think the policy that was in force when you took the leave should stand (which would be the higher amount). At what point in your leave did it change, do you know?

Terms and conditions of any enhancement need to be made clear to you before you start receiving the money so that you have an opportunity to decline the enhanced amount if the terms are not acceptable to you. They cannot change the terms relating to enhanced payments after the event!

It's a lump sum payable once the employee has returned to work for 13 weeks (which I have). From what I can dig out of our Common Interest Group minutes, the amendment to the policy was made AFTER I had started Mat leave (about a month after). So as far as I'm concerned, I think the old policy should apply to me as I was already on leave and because they didn't notify me of any changes.

Thanks for your responses - looks like I'm probably in the right. Will let you know what happens after the meeting next Wed!

Did you go straight on maternity leave or was the first few weeks holiday? Just check that you were actually on maternity leave when the policy changed.

At my work my maternity package is part of my t&c, they can’t just change it.

The way I’d see it, you signed up to a particular contract so that contract applies. If the terms changed after, that’s not your problem. They didn’t even notify you at the time, one day’s notice is not sufficient notice for anything.

However, as they haven’t paid you the money yet, I think you’re going to have a job getting it out of them....