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Maternity repayment - do I have to?

160 replies

Mumsupportneeded · 23/01/2025 17:52

Hi there,
im in need of some advice. I am due to return to work in March after 1 year maternity leave (some enhanced).
A new career opportunity has come up with better hours pay etc that I’ve been offered. My old job paid enhanced maternity leave and are trying to enforce pay back. There was nothing in my contract/ parental/ maternity docs prior to going on leave about the need to repay.
However they did send a doc highlighting the rule for me to sign agreeing to it but I didn’t see this as it was sent during my maternity and not in advance (i have not signed). Am I obliged to repay, even though notice of repayment was made during my maternity leave and i didnt sign agreeing?
Having to do so will meaning staying as it is too large a sum to repay.

Based in the UK

OP posts:
Floralsofa · 23/01/2025 19:12

You need to check the maternity policy.

Soontobe60 · 23/01/2025 19:13

Rocksaltrita · 23/01/2025 18:32

Ask them to highlight where this was in your contract. Say you don’t recall anything about this clause. They won’t be able to produce anything you’ve signed to say you agreed to this…

Teachers don’t have anything in their contacts about maternity leave / sick pay etc. That information is all held in the personnel section of the Server that we have access to. We are reminded in my school to read all relevant policies annually. It’s also explained in the STPCD.

Sassybooklover · 23/01/2025 19:14

I remember a teacher coming back from maternity leave, she'd taken the full year (I work in a school). She had found another job, but she had to come back for 12 weeks, otherwise she'd have had to repay back her enhanced maternity leave. I don't think this is completely unheard of. However, you need to seek some legal advice.

Nottodaythankyou123 · 23/01/2025 19:14

Mumsupportneeded · 23/01/2025 19:02

@Nottodaythankyou123 unfortunately it wouldn’t make sense to leave if they enforce as it’s just too much especially with nursery costs incoming. I’ll have to return if they do

Hmm tricky because if you mention it obviously they’ll say “yes of course you do” and if you just leave you’re risking it. I don’t know what industry you’re in but would the new company offer a starting bonus that would cover it?

Soontobe60 · 23/01/2025 19:15

Mumsupportneeded · 23/01/2025 19:09

@Svenred Morally I worked the 2 years in advance requirement to received enhanced pay. No rules of payback were noted until on maternity.

Are you absolutely sure there was no mention in the information you read about how much EMP you’d be entitled to? Because that would be the obvious place to put it.

Anothermathstutor · 23/01/2025 19:16

No you wouldn’t need to pay. Any deduction would be unlawful.

Mumsupportneeded · 23/01/2025 19:18

@Soontobe60 nothing about repayment just the amount I was entitled to, the holiday accrued, the right to ask for flexibility on return etc. Nothing about repayment

OP posts:
Mumsupportneeded · 23/01/2025 19:18

Nottodaythankyou123 · 23/01/2025 19:14

Hmm tricky because if you mention it obviously they’ll say “yes of course you do” and if you just leave you’re risking it. I don’t know what industry you’re in but would the new company offer a starting bonus that would cover it?

Unfortunately I don’t think they’d be in a position to do so

OP posts:
MaggieFS · 23/01/2025 19:20

Another one here saying that whilst payback is often expected for enhanced pay, it is not universal. Mine has a pre-qualifying period instead.

I think the devil will be in the detail on this, but from an entirely non-expert position it comes across that they moved the goalposts. How can terms be enforced after the mat leave had begun? You could surely argue you wouldn't have taken as long off had you known, for example.

MyOtherCarisAVauxhallZafira · 23/01/2025 19:23

My company policy says this, in reality I've never known them to actually ask for it back , can you tell the new employer you have to give 3 months notice? You say you'd have to work 4 going back but that kind of negotiation is usually looked on favourably

Mumsupportneeded · 23/01/2025 19:28

Exactly what mine showed I had to work 2 years prior in order to qualify for enhanced pay. So I assumed that was the only clause at the time. But good point I probably would have looked at changing my return, getting on the nursery list for earlier than March had I known in advance

OP posts:
LuluBlakey1 · 23/01/2025 19:35

They might allow you to pay the 4 months back over a longer period eg 12 months, from your new job/salary. Would that work?

Thunderlegs · 23/01/2025 19:35

No. They can't enforce an agreement you haven't agreed to.

GravyBoatWars · 23/01/2025 19:37

But good point I probably would have looked at changing my return, getting on the nursery list for earlier than March had I known in advance

But they sent you the policy just two weeks into your maternity leave and you didn't make any changes to your return or communicate with them about the issue through the rest of the year while accepting the enhanced maternity pay. Unless you can reasonably argue that you couldn't be reasonably expected to see that document during you maternity leave that argument will be a tough sell.

So how did they send the document?

LilacRaven · 23/01/2025 19:40

So this information wouldn't be standard in any letters you received but instead would be a clause in the company's maternity leave policy. In my company for example you have to return for a minimum of 3months or pay it back. They wouldn't need to tell you this so long as it's written in their policy. It would be on you to ask/find it.

However from a HR perspective they might weaver it as if like my company it's 3months return needed you could argue it's not in their interest to hire/replace you for 3months if your planning to leave after then anyway once youve got past the pay back period.

Mumsupportneeded · 23/01/2025 19:42

@LilacRaven that’s the thing not mentioned in the company policy

OP posts:
Svenred · 23/01/2025 19:42

Mumsupportneeded · 23/01/2025 19:05

@Svenred ya I’ll get advice tomorrow. Just financially it wouldn’t make sense to leave for the new job when I’d have to repay this one. I haven’t resigned so will just return if I have to and decline the new offer

Slightly different situation, but the principle of much you can offer to pay is the same. Please seek professional advice, of course. I am not a solicitor however I have had to negotiate different repayments over the years. As well as receiving legal advice, I have also read the pertinent legislation extensively.
Just be clear that they CANNOT legally withhold much (if anything) from your final pay as a repayment of your maternity - unless you make an explicit agreement to them doing this.
You can find details on when withholding of wages is allowed on the government's website.
My wife didn't (couldn't bring herself to leave our child) return to work after maternity leave (over 13 years ago now!) - we knew that the enhanced part was repayable.
She didn't want to not repay in case she wanted to work for them again at a later date. We couldn't actually afford to though (I earned little more than minimum wage at the time).
So I offered to pay them £10/m, which annoyed the Finance Department who insisted it had to be repaid within 2 years - I told them they could have the £10/m offered or ask a court if they felt it was unreasonable - particularly as it wasn't my debt, and my wife had no income apart from child benefit!
Unsurprisingly they agreed to take the £10/m.
Unless you have a very high salary (or very low outgoings) then you can probably justify paying a relatively small monthly sum - they might ask you to complete an income and expenditure (I&E) form but I think it's unlikely. An I&E form is used in debt management and you would complete one if they did take you to court.
You should be able to "show" that you have little to no spare income (whether or not it's actually the case, not suggesting you are untruthful, obviously!).
No solicitor will recommend taking you to court if you have made an offer to pay that is "reasonable" for your circumstances. The court would look very unfavourably on such a case being brought, as a waste of the court's time.
This is true for most (unsecured) debt.
Remember too that it is hassle and a distraction from their main business to take you to court, as well as being expensive.
The threat is also to try and stop others from leaving in similar circumstances.
(For anyone who has an issue with this advice please moralise somewhere else, I really don't care!)

Whydoeseveryonewanttoargue · 23/01/2025 19:43

allmycagesweremental · 23/01/2025 18:04

If there was nothing in your contract or maternity paperwork prior to you going off on maternity leave I would guess you are ok. Simply sending you the document to sign whilst you are off would not be enough I don't think. As you haven't signed it you haven't entered into a contract with them so there is nothing for them to enforce. Check with ACAS though to be sure.

Yeah I’m not sure. An HR professional may be able to help but employees refuse to sign things all the time - reviews, disciplinary documents etc but it doesn’t mean they aren’t official or legal. It’s like of a company says they have sent it to you - if you didn’t get it it can be perceived as you lying. This is a legal matter that needs an expert.

MrsPinkCock · 23/01/2025 19:44

This is a difficult one actually, OP, and I can’t say for sure without reading the contract and maternity policy (as there could be a nuanced clause in either which covers the point one way or another…)

I don’t think PPs suggestion that you “accepted” the pay is necessarily correct. I’ve tested this point in the ET before - you have no control over how much your employer pays you or when, so it’s not open to you to “accept” or “reject” it - it’s paid to you automatically and not in your control. You weren’t paid in error anyway, so were under no obligation to raise it (in my view) as you were, at the time, correctly paid.

If they had no contractual right to require repayment, and it wasn’t in the policy at the time you took the leave, I think you have a reasonable argument you aren’t bound by a repayment clause (for the full period anyway). You also didn’t sign it to indicate express agreement.

The flip side though is that you didn’t object to the term at the time it was sent either. You might have accepted it by conduct (in not raising it as an objection at the time), but it’s not like you continued to attend work so could impliedly have accepted the term - you were off work at the time! And they would have the argument that, at the time the clause was operative (ie the time you chose not to return) you were aware of it and so are bound by it and have to repay it.

My gut feeling is that they should have outlined, before your leave began, the repayment requirement, and asked you to sign a document confirming you intended to return for six months - and that you understood the repayment requirement if you left. Without that, I can see a court sympathising and deciding it was sent too late to be enforceable.

BeLilacSloth · 23/01/2025 19:46

I took maternity leave and never returned. I Wasn’t ever asked to pay anything back.

MaggieFS · 23/01/2025 19:46

OP, what other documentation do you have from BEFORE your mat leave started, in addition to the policy (which doesn't mention repayment).

Whydoeseveryonewanttoargue · 23/01/2025 19:47

Also you would still have a notice period so possibly they can take the repayment from your last May pay slip?

Comefromaway · 23/01/2025 19:49

It’s not about accepting the pay per we, it’s about implied acceptance of the policy sent to OP. Two weeks late can be argued either way.

i work in payroll. I’ve helped new employees argue against their old employers on things like paying back training courses that wasn’t notified to the, For something like this I’d be speaking to our employment lawyer but I think OP would be liable for at least some of it.

but none of us really know, especially without seeing all the documentation/cintracrs, policies etc.

Mumsupportneeded · 23/01/2025 19:49

@MaggieFS maternity company policy, my contract, all correspondence with HR and maternity schedule from them.

OP posts:
MaggieFS · 23/01/2025 19:50

MaggieFS · 23/01/2025 19:46

OP, what other documentation do you have from BEFORE your mat leave started, in addition to the policy (which doesn't mention repayment).

Sorry, posted too soon in error whilst checking your posts.

What I should have said was, you mention documents "personal to you" so do you have E.g. a letter which says you'll be off from x to y dates, and even better if it states the dates you'd get enhanced pa with no mention of repayment.

Or is the only place you have that mentioned the generic policy?