Maternity Pay - Grievance???

[Chickeydee]

Hi all - apologies, this post is long but any advice much appreciated - thanks.

I started maternity leave 1st April - due to go back 1st Feb. It just so happens a colleague of mine also started maternity 1st April but she went back to work last week, 18th June.

Back in February she was told she was to be paid her full salary by the temporary acting managing director - I approached him twice about pay - The 1st time he said he is 95% sure I was to receive full pay but he would discuss it with the HR manager. I left it 3wks and approached him again, he referred me to the HR manager who told me I was to receive SMP and emailed me to confirm.

Within those 3wks my colleague received an email from the acting MD telling her she was to receive full pay but not detailing the time period or if it was to work from home or to return to work early - I have a copy.

Thankfully, collegue and I get on that is why she told me she was to receive full pay but she was also told by the HR manager not to tell me!

I decided to wait until maternity kicked in and act if I had proof that my colleague did in fact receive full pay and she did.

With that I wrote a greivance letter but before I sent it, that night I had a call from another colleague from work telling me there had been a cock-up on the maternity pay and he would speak to the new MD, obviously realising that they are on dodgy ground and would try and make good what had happpened.

Neither the 2nd colleague or new MD are aware of what went on before and will no doubt say it was an oversight and perhaps offer me 2/3 mnths - the same as the maternity colleague - but I know it was deliberate and therefore should I demand
full salary for the whole 9mnths or am I dreaming?

What does your actual contract state re maternity? Does your friend have the same job and contract?

Woah - that is so wierd?!

I work for the NHS, and we usually get full pay for the first 8 weeks, then 1/2 pay plus SMP for a number of weeks...etc..

I wouldn't expect full pay for the full 9 months - but you should get the same degree of full pay as your colleague has had, and then SMP perhaps for the rest.

Does HR not have a maternity leave/ pay policy? It should be law taht they have a policy and that it is applied equally and fairly.

How long have you worked for the employer? Yuo have to get a copy of your organisation's HR Mat Leave policy.

Happymummyofone - we do different jobs but both our contracts have no reference to maternity at all.

Growingbagpuss - HR Manager copied me the employee manual when telling me I would receive SMP and that is what it states.

HR Manaager told colleague that if it came to it she would be treated as speacial case thinking she would work from home but coll. did no work from home.

I think basically I have been treated unfairly - I've been there 13yrs.

Yes it is unfair treatment. If there is no provision in your terms/conditions or other policies then everyone would be entitled to receive the statutory amount.

There is nothing stopping a company paying someone more money but they have done it in an underhand way. Perhaps they should have called it a xxxx payment (whatever they deem it as - bonus/retention?) to your colleague rather than full SMP.

I think you have the right to complain as you have a direct comparitor. Its the way its been kept secret (or not as it happens). Not sure what you would get out of it though. If they refuse to act upon your complaint you could possibly resign and claim constructive dismissal on the grounds of loss of trust and confidence in them as an employer. You would definately have to get legal advice first though.

Just thinking, if she was paid the equivalent as a bonus and you weren't, it wouldn't be fair but it is unlikely you could do much about it. Just that extra pay is being classed as maternity pay. It could be that they have set a precedent with her.

I agree with Chocolate I'm afraid. Really difficult. Just like they can pay one person a bonus and not another, they can be more generous to one person than another unless it's infringing their own committments (e.g. a contractual policy) or the reasoning is tainted with discrimination (the headings are sex, race, age, relgion, sexual orientation and disability).

Like Chocolate said, there's always the constructive dismissal route, but it's pretty extreme.

Thanks for all the advice. Looks like it's not straightforward as I thought - will still persue it though, will be interesting to know what the excuse will be - don't want them to think they've got away with it. Will get legal advice for starters.

You may already have spoken to someone for legal advice, but it's really hard to win a constructive dismissal claim. You have to show that your employer has acted towards you in a way that is designed to undermine the relationship between you & employer - do you think the MD was acting in such a way to get at you, or to reward your colleague? The secrecy bit is quite rubbish though. I'd think quite carefully before you resigned (which you'd have to do to claim CD). Also - have you submitted a grievance yet? You need to do this if you want access to employment tribunals (unless they've changed the rules since I've been off work) Good Luck

I will be getting 6 weeks at 90% and then straight down to SMP for 33 weeks.
I could choose to have a further 12 weeks half pay dripped in for 12 weeks and the SMp but that if i promise to go back, which i wont.
It sounds like a bad company to me and would recommend you just work your money out on SMP and any extras is a bonus. Good luck
L