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Advice re Maternity pay needed urgently - anyone from HR

32 replies

excitedfornumber2 · 31/05/2008 15:17

Hello

I need some reassurance everything is going to be ok. I work for one of the major high street retailers in the UK, but in their mail order section. My original contract is part time although for the last 18 months have been working full time in a management position. My current post was a secondment due to end 1st Aug, i am due to start Mat leave on Monday 2nd June, and have just taken 3 weeks holiday that i am entitled to. I spoke with HR prior to arranging my leave date, to check what happens with my secondment ending, and was told it would run until its end date and then revert back, which was fine as it meant my mat pay would be worked out on my full time salary, this is what i have budgeted for, and planned to take a year off, anyhow today receive a letter dated 28th May advising that i returned to my part time post with effect from 26th May, Payroll had advised me if my contract was changed before my mat pay started i would not be entitled to it at full time wages, so my problem is a may now recieve less than half of what i planned for and their is nothing i can do about it until Monday, My understanding is that they needed to give me at least a weeks notice to end the secondment which they havent, but apparently this only needs to be verbal, so have a feeling i am going to get shafted!!!!, how am i going to afford to stay off for a year, when my budget is completly wrong!!!. i really dont know how i am going to get through this weekend. i just keep crying.

Thanks for listening, if anyone has any advice or experience i would be pleased for any feedback.

OP posts:
excitedfornumber2 · 01/06/2008 08:40

Thanks Flowery and Llargegub, i am feeling a lot more positive about the situation, and am just going to go in and ask why the secondment has been ended without any notice and after i had been told my the person in HR that it wouldnt be changed whilst on Mat leave.
In terms of what you would get and when it will be calculated from i have read the maternity booklet that i received and all it says is when it will be calculated from, it does not state anywhere that it will be changed if your hours change, this is something i was verbally told by someone in payroll.

I knew my secondment would not be continued as the person i was covering had returned from mat leave, although my manager had agreed there would be a hand over period where we would both be in the job, due to family circumstances i changed my leave date, as was originally due to start mat leave much later in June, this is why i questioned with HR when the secondment would be ended. The only thing i am unhappy about is that it has now been finished early without notice and this has affected my maternity pay, which i dont believe they can do, it feels as though i am being treated unfairly because i am pregnant. and the fact that i just recieved a letter is ridicious.

Ill post tomorrow to let you know the outcome.

Thanks again for all your advice and support.

OP posts:
flowerybeanbag · 01/06/2008 10:27

Just for my own clarification as much as anything;

I think there are two points here

  1. Whether their decision to end the secondment suddenly now is sex discrimination. The argument would be that it is a decision that was taken as a direct result of you being pregnant, and it is a decision that disadvantages you. They would probably argue a business case for taking that decision.
  1. Whether they met their own conditions for ending the secondment. It seems clear they didn't. They are required (apparently) to give one week's notice of such a decision, which they did not give.

The second point is clearer and easier to make, so I'd focus on that, in the hope that it is easily resolved that way, and then consider raising the first point as a possibility if you don't get anywhere.

excitedfornumber2 · 01/06/2008 17:27

i think you are right flowery these are the points and i agree i think it would be difficult to prove that they have ended the secondment because i am on mat leave, or pregnant, as it was always going to end.

i think the 2nd point is easier to argue as it is written on my contract for the secondment that i would be given a weeks notice to end, which i have not had.

I am annoyed that they told me it would continue till 1st August and would not be amended when i went on mat leave, when infact they have ended it even earlier which has caused the concern with my mat pay.

The result i want is that my mat is not affected, to be honest i am not concerned that the secondment has been ended, just want reassurance thst my mat pay will not be reduced.

i plan to ask why the secondment has been ended when i was told it wouldnt be, and then question why i was not given the weeks notice. as it is apparent they havent i hope they will just give me a week now, which will not affect my mat pay.

Thanks for all your help, sorry if i am not very clear, i try to explain everything as fully as possible.

OP posts:
excitedfornumber2 · 01/06/2008 17:27

i think you are right flowery these are the points and i agree i think it would be difficult to prove that they have ended the secondment because i am on mat leave, or pregnant, as it was always going to end.

i think the 2nd point is easier to argue as it is written on my contract for the secondment that i would be given a weeks notice to end, which i have not had.

I am annoyed that they told me it would continue till 1st August and would not be amended when i went on mat leave, when infact they have ended it even earlier which has caused the concern with my mat pay.

The result i want is that my mat is not affected, to be honest i am not concerned that the secondment has been ended, just want reassurance thst my mat pay will not be reduced.

i plan to ask why the secondment has been ended when i was told it wouldnt be, and then question why i was not given the weeks notice. as it is apparent they havent i hope they will just give me a week now, which will not affect my mat pay.

Thanks for all your help, sorry if i am not very clear, i try to explain everything as fully as possible.

OP posts:
excitedfornumber2 · 02/06/2008 17:21

Hello Everyone

I went into work today, and they hace agreed that i should of been given a weeks notice, they have done this from 26th may so i revert back to my original position as of today, as my mat pay starts today that is ok in terms of my money being what i expected it to be.

THe HR manager did not think my secondment being ended last week would have affected my money, but did not need to look at it further due to the fact that my secondment ended on friday.

i am waiting to receive a letter confirming the above, but she was very clear that my secondment had not been ended due to being on mat leave, just that the person i was covering had returned to the business.

Thanks for your help with all of this, i can now look forward to a relaxing year off of work.

OP posts:
flowerybeanbag · 02/06/2008 19:25

Excellent news! Rofl at the HR Manager being 'very clear' that your secondment wasn't ended due to mat leave...

I expect someone will get a rap on the knuckles for what was nearly a major cock-up instead of a minor one. Good you can now relax and concentrate on the important things!

Nappyzoneneedsanewname · 02/06/2008 19:32

Oh i love a good HR cock up! Used to work in HR and agree some but not all HR people clearly dont have a clue lol!

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