Negotiating pay rise on return from maternity leave

[Doughnut100]

I'm about to start negotiations for going back to work. I'm going to ask to go back for 2 days on the basis that a colleague who is currently freelancing can do 3 days and we will cover things between us. Our manager has already said informally that he's open to this arrangement.

I've been furloughed since the start of Covid and went straight from furlough into mat leave.

My colleague was on a fixed contract when I started in a slightly more senior role than him. When his contract ended he continued on a freelance basis. We've discussed pay and he is going to be asking for more than my current salary. I suspect now that I could have negotiated a higher salary when I started.

It might not be called a job share officially but that is what it will be. The company has a policy of not discussing salary. We have quite different bargaining positions because I am asking to reduce my role whereas my colleage is starting out as a permanent employee having been freelance. Our manager is invested in both of us, it will make his life a lot easier if we both stay, and at this point we kind of come as a package.

Has anyone got an idea about my legal status in asking for a raise at this stage? Can I explicitly ask for the same pay as my colleague even though we are not supposed to discuss salary? Am I being ridiculous to ask for more pay at the same time as asking for less hours? Has anyone here negotiated a pay rise when they return from maternity leave?

You will need to set out the grounds as to why you should be paid more. Has your skill set improved, can you do a niche piece of work that others can’t, etc.
You don’t have a legal right to a pay rise (unless you can prove discrimination). A freelancer is going to be paid more as they have no employment benefits and overall can cost a company less (no employers NIC, pension, holidays, sickness or maternity/paternity entitlement)

Sorry just read your colleague is moving from freelance to permanent.

Can you not just give a salary range (with what you want being the lower end of the range you give) and say that you’d like that salary to reflect the current market rates for the role? No need to mention it’s because your colleague is getting that - HR or whomever looks at the request will probably realise your request is just putting you in line with your male colleague doing the same role and this should help your case without you needing to bring it up.

If you could do some side research to show that this is the market rate for the role generally then that would help.

Maybe “I request a salary review, having identified that between x and y is the most up to date market rate for the role”

Don't compare yourself to your colleague. You need to have a business case for your raise, market comps etc. Has your colleague actually been offered what he's asking for yet?

It's very normal for someone new to a business to come in on a higher salary which he effectively is moving into a full time role. There is no legal status unless you are claiming discrimination, have you had any due scheduled pay reviews whilst on ML?

As an aside, the not discussing salary culture really gets on my tits.

@Parker231 Yeah he's becoming permanent. I suppose I would be arguing that yes my skill set has improved since I started, and I've been doing work outside my role. (Although there is the covid hole in the middle.) I guess what you're saying is I can't just say "I want what he's having" I have to say personally why I'm worth more.

Although in truth I do want what he's having! I think we are both good at our job and are evenly matched so it would be fair to be paid the same. But in competitive industries people negotiate their salaries based on their own bargaining position and the job market at the time.

I think you are in quite a weak position to negotiate a pay rise. You have just returned from ML and have also gone down to only two days a week. But by all means ask.

@Allsorts1 thanks that's helpful. I reckon I can couch it like that.

@itwasntaparty no he hasn't been offered it yet. We are still getting our ducks in a row before negotiations. I don't think there have been scheduled salary reviews, although my contract says yearly, and I haven't had one since I started in 2018 so I can ask for one pretty reasonably.

I'm not claiming discrimination and I don't think the company are unfair. I do suspect some of the other billy bignuts men in my department benefit by daring to ask for more.

I don’t think you’re in a weak position and I think now, when everything is being rearranged, is the best time to ask - go in armed with market details and if they refuse get them to give you a date for a pay review in 6 months.

Thanks everyone for your advice, I'll let you know how it goes.

@Viviennemary I know what you mean. But at the same time my manager does kind of need me to make his life easier 😂. As you say, I can ask...

I think I would wait until I was back at work, could this be an option? Good luck OP.

You say he asking for more than your current salary but do you know he's going to get that? As a freelancer he will have earned more because it was one cost to the company. As a member of staff there are all the hidden costs and benefit liabilities for an employer so it's unlikely he'll get his freelance pay when employed. In your shoes I would probably wait to ask for more money. Unfortunately whilst you shouldn't have to prove your worth after maternity leave there's a strong likelihood you will have to. Reducing hours isn't a given so maybe focus on that for now with an acknowledgment that you would like to discuss salary in 3 or 6 months time.

I work in HR. If you are in the U.K. - The company may not like you discussing salary but they can’t forbid you from discussing it. The Equality Act 2010 gives you the legal right to do so (and effectively makes banning the discussion of salary illegal).

This is even more relevant and important given that you are female and your counterpart is male, and you are returning from maternity leave. Personally I think of your company was to agree a salary rise for him and not for you this would put them on very shaky ground.

@Viviennemary from an employment law perspective, rejecting a request for a pay rise on the grounds of the employee returning from maternity leave and requesting part time hours is likely to be sex discrimination. The way of thinking you’ve just demonstrated is exactly why women are less likely to ask for pay rises even when they should do.

I'm not sure what industry you are in but it's really hard to find good people right now so you maybe in a stronger position than you think.

It's the 2 days that would put me off as an employer, I'd only ever use freelance or contract for a 2 day position not full time.

I agree in part @applecrumbleforteaagain. It’s a candidate’s market right now.

I recruit in a fairly niche industry where we can struggle to attract qualified candidates. We offer flexible working requests after 6 months, but for a hard to recruit role I would definitely recommend hiring managers consider from day 1.

Depending on your industry you could also present this as a good business case for the company wanting to retain you.

Just updating in case anyone is interested about how these things go. Bad news. They refused my flexible working request so the pay rise is a moot point. I'm gutted. I can't work full time, with the commute it would be a 12 hour day and I would only see my baby at weekends and that's not for me. My manager is a knobhead but I also do see where he's coming from, it's not a part time role. Thanks for the advice and best of luck to anyone else seeking a pay rise. For what it's worth I do think I would have got the rise if I came back full time.