MATERNITY RIGHTS PLEASE HELP (2nd attempt! lol)

leanneslow

I am on maternity leave and I think my company have messed up a bit so I want to know if it is worth taking legal action...

Started my leave in February 2009...

1. They refused my holiday before my leave started then begrudgingly paid it afterwards...

2. Gave them MAT B1 certificate in November and they didnt give me my formal letter confirming this until AUGUST!!! Should have been 28 days.

3. My new manager told me that I dont get an annual review as I am on maternity leave! I thought this was discrimination? I did tell her that then she tried to back track and offer me one afterwards.


Have I left it all too late or do I have something worth persuing with a solicitor?

I have since handed in my notice on 21st September so my employment will be terminated 1st January 2010. I didnt feel like I could go back after all the rubbish they have done.

Thank you in advance.

mountainofdebt

What would be the purpose of you going to a solicitor - to complain that you work(ed) for a company that was rubbish at administration?

I must admit when I've known women off on maternity leave, they have always taken their holidays at the start / end of the maternity leave period so there was no issues as to whether or not they should be paid.

I can't comment on the issue about the B1 but as you were on maternity leave at the time, and were presumably being paid the correct amount - so what ?

I also couldn't see the point of you having an annual review whilst on maternity leave - I would have thought it more appropraite to have one before you left if this influenced a pay rise.

To be honest it sounds as if you've cut your nose off to spite your face by resigning.

vicshippers

I'd have to agree with mountain - with UK employment being the way it is, I am surprised that anyone is resigning due to failures in admin. Do you work for a very large company - in smaller firms HR may not be as up to speed with maternity leave dates and regs etc as they don't deal with it regularly.

Personally, I would have tried to work with the employer rather than just leaving. It really doesn't sound like they have done anything maliciously - ie delay/miscalculate your pay, refuse your return, not pay holiday (which by the sounds of it - you were refused holiday, took it anyway and then got paid for it....I'm surprised you weren't disciplined - excuse me if I misunderstood that bit).

Definitely nothing for a solicitor (IMO) anyway.

jazzyman01

Do not agree with all mountainofdebt says. If your colleagues have received a pay review and you did not then you do have a right to complain. Particularly if it would impact on any pay that you will receive whilst on maternity leave.

If it does not then I do not see what the Company will achieve by saying they will review your salary when you return apart from run the risk of a discrimination claim.

That said, it does not mean that you would get much in a claim because they did say they would rectify this when you returned.

leanneslow

Thanks for the responses- to be fair, when i read what i wrote it doesnt look like a big deal!

Yes, everyone else received an annual review which was why i wasnt happy to be told i didnt get one- she only changed her mind because i tol her she had broken the law by saying i didnt get one due to being on maternity leave! it isnt just salary review, it is also customers, targets etc...which i thought was important!

Another girl went on maternity leave a year before me so it wasnt exactly new stuff for them!

If i went back i wouldnt get any of my customers back either- the temp has now been given a perm job and she's keeping them so i have to start again and out of the loop!

I threatened them with court and their big director (who theyre all scared of) so they paid up the holiday. I even told them they could find all this basic stuff out online so i dont see why they were so dim.

MrsTinks

If you want to know if you have a case for constructive dismissal then call CAB or ACAS for advice...

1. They have no legal obligation to let you have the holiday you reques if say there is no cover - they could have then let you have it when you returned to work or paid you for the holiday instead. This one to me would be a non-starter I'm afraid...

2. Doubt you can base a whole constructive dismissal claim on one letter not being sent in a timely manner - they may even say they had sent it but you never recieved it. Unless it caused you to not recieve your maternity pay... which it sounds like you recieved...

3. Was this a verbal conversation? If so all it will take is for them to say it never happened... and they could say that the wording of the mail (if it was a mail) wasn't perhaps very clear and they meant you wouldn't get one until you returned to work etc.

I'm not seeing much ground here for you to base any claims on - sorry.

leanneslow

Also...

...the B1 certificate proves the pregnancy (as does the bump and baby lol). The letter they should give me would tell me the return to work dates and pay etc... so it was difficult for me and my partner to work money out when we didnt know.

To be ignored by your own manager for months as well- as in full on denys your existance and will NOT respond to you AT ALL is quite degrading.

leanneslow

MrsTine wrote: »

If you want to know if you have a case for constructive dismissal then call CAB or ACAS for advice...

1. They have no legal obligation to let you have the holiday you reques if say there is no cover - they could have then let you have it when you returned to work or paid you for the holiday instead. This one to me would be a non-starter I'm afraid...

2. Doubt you can base a whole constructive dismissal claim on one letter not being sent in a timely manner - they may even say they had sent it but you never recieved it. Unless it caused you to not recieve your maternity pay... which it sounds like you recieved...

3. Was this a verbal conversation? If so all it will take is for them to say it never happened... and they could say that the wording of the mail (if it was a mail) wasn't perhaps very clear and they meant you wouldn't get one until you returned to work etc.

I'm not seeing much ground here for you to base any claims on - sorry.

1. The temp had already started and was trained up fine. The company handbook said 2 weeks- ACAS and government website said i could take it all. As my holiday couldnt be carried over to the following year, personally i think they were trying to save money. Funny because as soon as i told them i would take it to the directors they paid up?!!!

2. I have it in email that they had not sent the letter until August and also in email from the manager that she HAD said that. I sent her a copy of the discrimination act 1975 and she then wanted me to go and see her to resolve the issues- only because she didnt want me to go to her boss and complain about her.

MrsTinks

leanneslow wrote: »

1. The temp had already started and was trained up fine. The company handbook said 2 weeks- ACAS and government website said i could take it all. As my holiday couldnt be carried over to the following year, personally i think they were trying to save money. Funny because as soon as i told them i would take it to the directors they paid up?!!!

2. I have it in email that they had not sent the letter until August and also in email from the manager that she HAD said that. I sent her a copy of the discrimination act 1975 and she then wanted me to go and see her to resolve the issues- only because she didnt want me to go to her boss and complain about her.

1 - did you give the notice for the holiday as stated in your contract? I know mine states 4 weeks notice to take holiday... that alone would be enough for them to turn you down if they felt like it... sorry.

2 - fair enough - but going in all guns blazing probably didn't endear you to your manager on this one, also unless you tried to resolve things amicably first it could be seen as you being unreasonable (not saying you are, just that if you were aggressive from the off then it could be seen as that) ... And I doubt very much it would be enough for you to have a case for constructive dismissal...

snappy2004

The letter they should give me would tell me the return to work dates and pay etc...

I very much doubt that your company would have given you return to work dates as the government specify that you must take a minimum number of weeks off after giving birth depending on your role at work.
You are also entitled to up to one year off, so they would have not known when you wanted to return.

On the directgov website you can quite easily work out how much money you would have received as SMP from your employer (which I think is for 6 months and then MA for the remainder).

leanneslow

Gave them about 3 months notice! I tried to show them they were wrong for weeks and weeks!

I may have well arranged my own maternity leave! lol

No, I didnt go in all guns blazing- I hadnt even been informed of her starting the company so i politely introduced myself and filled her in on my problems!

oh well, never mind