Page 7 | Maternity repayment - do I have to?

Mumsupportneeded · 2025-01-23T17:52:49+00:00

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

MaggieFS · 25/01/2025 09:49

GrapefruitFrog · 25/01/2025 06:13

I am a HR Director.

They should have included it in the original policy, and your argument must be that it’s not good enough to give you quite important information at the very last minute. However, you had (presumably) a whole year to raise your concerns once you did receive it late. It’s only become an issue now that you want to leave.

With that in mind, the choice comes down to bad blood. There’s no way they’re going legally enforce a repayment, it is just not worth the time, money or the “look” of harrassing a new mother, especially when you could easily tell colleagues they didn’t give you the information.

Therefore, I’d settle on a diplomatic / amicable email (which is late in the game but better late than never) that says something like:

Dear Manager,

I appreciate the unfortunate position that the business is in as a result of this key document being missed in the lead-up to my maternity leave. However, I am in as difficult a position as a result, as I planned my maternity leave on the basis that I knew all aspects of the arrangement.

Had this critical information been in the policy, or highlighted to me during any conversations about my leave or return to work plans, I would have behaved very differently in respect of saving money for my leave. I have also spent my maternity leave feeling quite stressed out by it.

I have enjoyed working with the company and don’t wish to leave on anything but amicable terms, but I am not in a position, nor am I willing to be held to a clawback agreement that I did not have knowledge or nor did I agree to.

Best wishes

Edited

Does this advice still stand since the OP has confirmed that the clause was added once she was on mat leave? Seems outrageous if that's permissible.

GrapefruitFrog · 25/01/2025 11:06

@MaggieFS Yes, the advice still stands. It’s the same as if you were halfway through a holiday and the insurance company changed the terms of their holiday cover - only those newly undertaking the policy would be impacted.

MarmeladeKing · 25/01/2025 11:30

I don't know anything about the enforceability of the terms however if it is enforceable maybe you could take the duration you need to work there as parental leave? (This is statutory unpaid leave.. 18weeks unpaid leave entitlement for every child you have under 18.)
Then perhaps you could start the new role earlier as you would still be employed by company 1 but physically available to work at company 2? No idea if it is acceptable to work in a second job while on unpaid leave.. Just a thought that its something to investigate..

rwalker · 25/01/2025 15:12

Mumsupportneeded · 25/01/2025 06:22

Definitely don’t want to leave on bad terms so hopefully coming to a resolution to compromise.

The only way you can avoid that is by paying it back

let’s be honest it’s a well known fact that you have to pay it back it’s pretty much standard that’s without reading any policy

your just looking for a loophole to avoid it

HipToTheHopDontStop · 25/01/2025 16:03

rwalker · 25/01/2025 15:12

The only way you can avoid that is by paying it back

let’s be honest it’s a well known fact that you have to pay it back it’s pretty much standard that’s without reading any policy

your just looking for a loophole to avoid it

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She doesn't need.a loophole, she doesn't need to pay it back. It has to be in the contract or in a signed agreement, end of story.

Original poster

Mumsupportneeded · 25/01/2025 17:45

HipToTheHopDontStop · 25/01/2025 16:03

She doesn't need.a loophole, she doesn't need to pay it back. It has to be in the contract or in a signed agreement, end of story.

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Thank you, honestly the amount of people that seem to be unaware of their rights! The fact that so many people seem to think I’m the bad guy here is worrying when they’ve read the facts it was not in the policy, in any other company documentation or said to me in person, via email or any other way in advance of my leave. It seems to have been added while on maternity leave. Anyway I’ll leave it there thanks for the advice 😊

OP posts:

Bleachbum · 25/01/2025 18:09

Was you baby born before or after the change OP? The company is allowed to change their company wide enhanced maternity benefits. It is common for changes to take place by reference to baby’s birth date. I.e. new policy will apply to babies born from 1 April 2024. This is more common than a policy applying from start of Mat leave as birth date is a more definitive date.

The enhanced mat pay doesn’t need to be in a contract or signed agreement. Your contract just needs to refer to the company policies. It would be worth checking within your contract if there is any reference to a required noticed period for changes to any policies.

Failing that, you can only hope for a goodwill gesture of a compromise. They gave you written notification which they must do. It is only recommended best practice to also informally remind you.

I have had a similar battle in the past. In the end my ex company waived the repayment but that was only because I was leaving to go to a client and the client threatened to pull all future work away from the company if they didn’t back down. Had I been going to a competitor then no doubt they would have dug their heals in.

HipToTheHopDontStop · 25/01/2025 19:06

Bleachbum · 25/01/2025 18:09

Was you baby born before or after the change OP? The company is allowed to change their company wide enhanced maternity benefits. It is common for changes to take place by reference to baby’s birth date. I.e. new policy will apply to babies born from 1 April 2024. This is more common than a policy applying from start of Mat leave as birth date is a more definitive date.

The enhanced mat pay doesn’t need to be in a contract or signed agreement. Your contract just needs to refer to the company policies. It would be worth checking within your contract if there is any reference to a required noticed period for changes to any policies.

Failing that, you can only hope for a goodwill gesture of a compromise. They gave you written notification which they must do. It is only recommended best practice to also informally remind you.

I have had a similar battle in the past. In the end my ex company waived the repayment but that was only because I was leaving to go to a client and the client threatened to pull all future work away from the company if they didn’t back down. Had I been going to a competitor then no doubt they would have dug their heals in.

This is not at all true. It's whenever she started the maternity leave, not when the baby was born. She has to have actually agreed to pay back any enhanced pay before she starts the leave. She didn't, so she doesn't have to.

rwalker · 25/01/2025 20:05

HipToTheHopDontStop · 25/01/2025 16:03

She doesn't need.a loophole, she doesn't need to pay it back. It has to be in the contract or in a signed agreement, end of story.

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it’s a policy not a contract and it doesn’t need to be signed

HipToTheHopDontStop · 26/01/2025 09:49

rwalker · 25/01/2025 20:05

it’s a policy not a contract and it doesn’t need to be signed

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Do pay attention. It's not in the policy, and she was sent a document after starting maternity leave that specifically stated she needed to sign to agree to pay it back. Which she did not sign, as it was too late by that point.
No basis to enforce repayment.