Help please! Always had great advice from here - re a broken promise by my employer

[MrsSparkly]

Hello Everyone, I dont very often come on here but the advice I have received in the past has been invaluable and I was hoping that you would be able to help me again!

I am due to officially start my maternity leave on the 18th Dec but as I really dont want to be at work and the boss really doesnt want me there we had a verbal agreement that I would not work for the next three weeks (without pay) on the premise (promise) that he would pay me my ML holiday pay.

I made sure that he knew he legally didnt have to pay me that hol pay until next december, so he was fully aware that the agreement was that I wouldnt work IF he paid me the holiday pay in advance! I cannot afford to lose 3 weeks work AND not be paid the holiday pay!

He has gone back on his promise and has decided to not pay me the holiday pay until he legally has to next dec. This is TWICE he has gone back on his promise now and the second promise he made I made him make it in front of another person and actually said 'Yvonne did you hear that promise that Mark just made to me' Which she said 'yes'

Now the only choice I have for financial reasons is to go back to work until the 18th but I am considering extending work and maybe leave in January instead! So regardless I am back in work on Thursday Can you imagine the atmosphere!?

Now I have spoken to ACAS who have said that I am perfectly within my right to go back to work until at least the 18th but its a grey area as to whether I can recind on my notice that I have given him in writing to finish on the 18th for ML

Help!!!!!?????

I know this is isn't what you want to hear but you need to get any type of "promise" in writing. Written agreements are much more easily enforced or disputed than who said what to who.

Unfortunately it seems that you have put your ML in writing and accepted a verbal promise in return. And whilst I sympathise with you 100%, legally the employer has the upper hand here.

Nick

I hate to say this but Nick is absolutely right - you need to get it all in writing, that way no-one can go back on anything. I am sorry but although you can go back to work til the 18th anything else will have to be sorted out between the two of you. But make sure you do get it in writing from now on.
Sorry hun.

I'm not sure they can legally pay you your holiday pay in advance like that because you've not had your M/L yet, what would happen if you returned early etc etc, decided not to return it's very complex.

Yes you definitely should get written confirmation of anything like this, but I must say he is sensible not to allow you to take all your holiday for the coming year in advance for the reasons CarGirl mentions. You won't lose it and can take it at the end so you can still be off for the same length of time anyway, but if you were to leave during your maternity leave you would have taken more than your entitlement.

In terms of changing your maternity dates, not sure how it is a 'grey area'. You need to give 28 days' notice of changing the date you go on maternity leave, however employers should allow requests to change dates if possible even if the woman hasn't been able to give the required notice. Normally this applies when a woman has specified a date to go on maternity leave then nearer the time feels she actually can't manage to work that long and wants to go off earlier. In your case you want to stay longer, presumably for financial reasons but hopefully your manager will be able to accommodate you - obviously easier to allow someone to stay longer than leave earlier anyway usually.