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  • FIRST POST
    • A0503
    • By A0503 11th Jul 17, 10:50 AM
    • 90Posts
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    A0503
    Can my employer do this?
    • #1
    • 11th Jul 17, 10:50 AM
    Can my employer do this? 11th Jul 17 at 10:50 AM
    Hi,


    thanks again for all your replies, I am deleting this now as the situation has been resolved.
    Last edited by A0503; 11-07-2017 at 3:27 PM.
Page 1
    • gettingtheresometime
    • By gettingtheresometime 11th Jul 17, 11:06 AM
    • 3,049 Posts
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    gettingtheresometime
    • #2
    • 11th Jul 17, 11:06 AM
    • #2
    • 11th Jul 17, 11:06 AM
    Without wishing to have to put my tin hat on when are you going on maternity leave ? Is a big firm ?


    If it's going to be soon then would the payrise etc affect your maternity pay?


    tbh it sounds as if they were abit daft in even raising the issue - if they had any doubts then they should have shut up, said nothing and waited until you returned.
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    • A0503
    • By A0503 11th Jul 17, 11:23 AM
    • 90 Posts
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    A0503
    • #3
    • 11th Jul 17, 11:23 AM
    • #3
    • 11th Jul 17, 11:23 AM
    deleted as resolved.
    Last edited by A0503; 11-07-2017 at 3:28 PM.
    • ssparks2003
    • By ssparks2003 11th Jul 17, 11:28 AM
    • 195 Posts
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    ssparks2003
    • #4
    • 11th Jul 17, 11:28 AM
    • #4
    • 11th Jul 17, 11:28 AM
    Unless it states in your contract or handbook that the payrise will come in to effect X days after a pay review then the company can do as it wishes; why would the company wish to pay you more whilst you are not being productive (in a works sense)
    • A0503
    • By A0503 11th Jul 17, 11:30 AM
    • 90 Posts
    • 97 Thanks
    A0503
    • #5
    • 11th Jul 17, 11:30 AM
    • #5
    • 11th Jul 17, 11:30 AM
    deleted as resolved.
    .
    Last edited by A0503; 11-07-2017 at 3:28 PM.
    • shortcrust
    • By shortcrust 11th Jul 17, 11:33 AM
    • 1,418 Posts
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    shortcrust
    • #6
    • 11th Jul 17, 11:33 AM
    • #6
    • 11th Jul 17, 11:33 AM
    The last promotion I got didn't come into effect until three months later when I actually started carrying out the extra duties. I didn't see the problem with that. I'm not sure how this is different.
    • A0503
    • By A0503 11th Jul 17, 11:37 AM
    • 90 Posts
    • 97 Thanks
    A0503
    • #7
    • 11th Jul 17, 11:37 AM
    • #7
    • 11th Jul 17, 11:37 AM
    Hi Shortcrust - thank you - I should of explained in my first post I have been carrying out the extra duties and working at the higher grade for the last two years - its just been a hard time with lots of changes and our department did not have a figurehead in place until Christmas last year, hence why promotions are only just taking place now.
    • ssparks2003
    • By ssparks2003 11th Jul 17, 12:23 PM
    • 195 Posts
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    ssparks2003
    • #8
    • 11th Jul 17, 12:23 PM
    • #8
    • 11th Jul 17, 12:23 PM
    Hi Ssparks - it would be discrimination under the Equality Act 2010 to treat me any differently to any other employee due to me being on maternity leave, ie deferring a payrise or promotion, so no the company can't do as it wishes as there are laws/acts in place for a reason to protect employees.
    Originally posted by A0503
    So is there anything in your handbook or contract defining when you will recive pay increases. otherwise the pay award may be at the managers discretion; they are not obliged to give you more money,
    • engineer amy
    • By engineer amy 11th Jul 17, 12:55 PM
    • 604 Posts
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    engineer amy
    • #9
    • 11th Jul 17, 12:55 PM
    • #9
    • 11th Jul 17, 12:55 PM
    Are you entitled to Company Maternity pay, over and above the statutory maternity pay?
    If you are only entitled to SMP then an award of higher wages now (or next pay run) will have absolutely no effect on the amount of SMP you receive.
    You receive 90 % of average weekly earnings for 6 weeks, however the figure used to calculate the AWE is based on an 8 week average in the 8 weeks preceeding the 15th week before the baby is due.


    You say you are finishing at the end of the month - If, example, your due date was 14th August, the Qualifying week would be 15 weeks before that - week ending 7th May. The AWE figure is calculated on the average earnings between the 13th March and 7th May.
    Therefore if your payrise was not already in effect by those dates, it has no effect on the 90% payment for the first 6 weeks. Obviously you can adjust those dates depending on your actual due date.


    So regardless of whether they apply the payrise from the next payrun after the pay review, or after you return from maternity, it has no effect on your pay, so cannot be discriminatory.


    The calculations change if you are entitled to some form of enhanced company maternity pay. that would be down to company policy.
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    • A0503
    • By A0503 11th Jul 17, 1:00 PM
    • 90 Posts
    • 97 Thanks
    A0503
    deleted as resolved.
    Last edited by A0503; 11-07-2017 at 3:29 PM.
    • A0503
    • By A0503 11th Jul 17, 1:10 PM
    • 90 Posts
    • 97 Thanks
    A0503
    Hi Engineer - thank you for that info.


    I am entitled to a company maternity pay package, SMP for me doesn't start until the last 3 months.
    • sangie595
    • By sangie595 11th Jul 17, 1:46 PM
    • 4,037 Posts
    • 6,528 Thanks
    sangie595
    Hi Shortcrust - thank you - I should of explained in my first post I have been carrying out the extra duties and working at the higher grade for the last two years - its just been a hard time with lots of changes and our department did not have a figurehead in place until Christmas last year, hence why promotions are only just taking place now.
    Originally posted by A0503
    What you were doing for the last two years is legally irrelevant. You did it voluntarily, because there was no offer of any additional pay or promotion on the table. And you are also quite correct though, in that there are laws in place to protect you whilst on maternity leave. So, provided that you can prove that the only reason for the deferment is due to your maternity leave, you are certainly allowed to quote laws at them or take them to a tribunal. But do enjoy your promotion because it will probably be the last one that you get.

    In principle, I agree with you. And I think that since you have been doing the work for so long then the gesture on their part is warranted. But this is the real world, and I am not sure that accusing your employer of discrimination at this point in time is the best way to plan your career.
    • A0503
    • By A0503 11th Jul 17, 2:04 PM
    • 90 Posts
    • 97 Thanks
    A0503
    deleted as resolved.
    Last edited by A0503; 11-07-2017 at 3:29 PM.
    • Undervalued
    • By Undervalued 11th Jul 17, 2:57 PM
    • 3,177 Posts
    • 2,893 Thanks
    Undervalued
    Thanks Sangie. I appreciate what you're saying, I had to work at that level to meet the demands of the role and because I had quarterly reviews and objectives to achieve and the objectives set were that of a higher grade.
    I was often told 'it will be soon' 'bear with us' etc with regards to a promotion, so I kept up the work thinking it was around the corner. Looking back however I regret doing that. I had actually started to look elsewhere but then fell pregnant and I didn't feel right starting a new role somewhere else knowing I'd be going off a few months later.


    I don't really want to accuse anyone of anything, I do enjoy my role and I have good working relationships here. I was asked some questions In my promotion meeting that a non-pregnant person would not have been asked though. I have my meeting with HR today and hope to get some further clarification from them on where I stand.
    Originally posted by A0503
    That, in itself, is not unlawful. It is certainly unwise from their point of view as it could be evidence that helps to support an unlawful discrimination claim. However, can you prove that is what they intended or indeed that the questions were actually asked? Most likely they will deny it or say that you misunderstood what they meant.

    I think Sangie makes some excellent "real world" points. I would take some professional advice and be very sure of the strength of your case before doing anything.

    Once you chuck a pebble in the pond you can't stop the ripples spreading out!
    • A0503
    • By A0503 11th Jul 17, 3:26 PM
    • 90 Posts
    • 97 Thanks
    A0503
    deleted as now resolved
    Last edited by A0503; 11-07-2017 at 4:01 PM.
    • gettingtheresometime
    • By gettingtheresometime 11th Jul 17, 4:04 PM
    • 3,049 Posts
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    gettingtheresometime
    OP - to delete posts after people have given you advice is a little rude.
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    • McKneff
    • By McKneff 11th Jul 17, 4:06 PM
    • 35,644 Posts
    • 45,883 Thanks
    McKneff
    Its a lot rude, to be honest
    No one can make you feel inferior without your consent
    • Undervalued
    • By Undervalued 11th Jul 17, 4:07 PM
    • 3,177 Posts
    • 2,893 Thanks
    Undervalued
    OP - to delete posts after people have given you advice is a little rude.
    Originally posted by gettingtheresometime
    Its a lot rude, to be honest
    Quite but Google is a wonderful thing......

    Hello,


    Wondering if anyone with HR knowledge can help me out.


    I had a recent promotion review at work which was successful. I am pregnant and was told that the effects of the promotion (pay rise, new job title, new package etc) would start from when I return to work after my maternity leave. Our company's annual pay review is coming up so I said would it not kick in from then, and the response was that they weren't sure but it would definitely be from when I return next year.


    Can my employer defer the payrise/new package until I return? Should it not commence immediately or at least after the next pay review? I know another colleague has been promoted and I can't imagine they will defer theirs until next year.


    I should add some of the questions I was asked in the review were relating to my ability to cope when I return which I also didn't think they were allowed to do.


    If anyone has any useful info or links online to anything I can read up on about this it would be much appreciated. Its a unique situation where they haven't withheld the opportunity of promotion but are withholding the reward of it.
    • ThemeOne
    • By ThemeOne 11th Jul 17, 4:13 PM
    • 1,118 Posts
    • 925 Thanks
    ThemeOne
    Its a lot rude, to be honest
    Originally posted by McKneff
    It's inconsiderate - what about all the people reading the forum who might have a similar problem? Without the original post there (plus the others the OP has deleted) the thread no longer makes sense.
    • A0503
    • By A0503 11th Jul 17, 5:13 PM
    • 90 Posts
    • 97 Thanks
    A0503
    thanks thread police. I deleted it because its my choice too - it was fairly outing and I'd rather it not be seen by someone who could identify and link it back to me in real life.


    For those saying its rude - I have repeatedly thanked those who gave advice and individually thanked their posts.


    well done on those detective skills undervalued to be honest it was my further updates that I felt were more outing so my repeating my OP isn't a huge deal.
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