Pregancy and benefits.

iamana1ias

daska wrote: »

does that mean you couldn't have a missus? I must tell my mates that you don't approve...

I do have a missus at the moment, actually

But given we're both female she won't be getting pregnant anytime soon! :rotfl:

daska

On a more practical level, why, if it was a TUPE transfer has her continuity of employment not been preserved?

my point here being that her employer is obliged to conduct a risk assessment and to find an alternative role if possible if she or they believe if it is not safe for her to continue in her current role. TUPE allows for new contracts to be signed but only if they are to the employees benefit, removing her rights to maternity pay etc isn't a benefit.

iamana1ias

Hodgy8403 wrote: »

Obviously, you'd employ someone that's just given birth and may need to take time off, or you'd pay for childcare which costs far more than the wages earned. I never said she'd give up work permanently, just that she will have to, perhaps I should have put "for a while" just to clarify for the people who assume they know everything but don't want to be of any assistance.
I wish sometimes that I could just give up work and be better off living on benefits, but I don't want to. I was in the RAF for 18 years before I was medically discharged. I could have claimed incapacity benefits and countless others then, but I wanted to pay my own way. Now I need some sort of assistance, you and Witchfinder General unilaterally decide I must be some sort of deadbeat who can't be bothered.
And for your info, the job situation around here isn't that great, so no, there's not much opportunity for her at the moment, and there's one supermarket in town which isn't taking on staff.
I'll be sure to take on board your advice though.

I thought one of the tax credits covered 80% of childcare costs

And I wasn't having a go, I was confused why your wife would have to give up work and then gave you some alternative options when you explained that that wasn't really what you meant. You're worried about money, I'm trying to help you improve your income.

We go off the information you give. If you want better advice, give more information!

Simples.

Hodgy8403

Iamanalias
You posted "Why?" Matthew Hopkins then decided I was trying to milk the cash cow. You thanked him. Do you not think that we have looked at all options? We don't know how to go about claiming benefits or what we're entitled to, there's nothing wrong with that is there? If I had been claiming benefits previously, I possibly wouldn't have had to ask for assistance, as I'd have had experience in using the system. Apparently there is a benefit that may cover up to 80% of childcare costs, but as that cost around here is over £300 per week, that still leaves us (for arguments sake) having to find £60 per week out of a part time wage (if she can indeed get a job, and at 41 with a new born, she's not going to be a prime candidate for any employer is she?).

Daska,
As for the TUPE thing, I was very confused as I thought her length of employment and the fact that she'd been receiving MENCAP pay chits since April would have meant that she'd legally be deemed as working for them since then. If she had, then she'd be entitled to SMP and Maternity leave. Unfortunately, due to some dithering by Mencap, she wasn't offered a contract until 1st October which she signed and returned.This signed contract then legally states she's only been employed by Mencap since then. Unfortunately (only in the financial way) she was already pregnant by then, though we didn't know, so she fails the eligibility criteria for claiming SMP & Mat Leave. We accept that, though it does seem a bit unfair that for the sake of a week (8 days to be exact) we can't claim it.

Thanks to those that have helped, any useful information is gratefully received, and to those that seem to think they're superior to us, I hope you receive the same sort of answers as you have given me, if you ever need help.

karenx

I like the part where you say "having to find £60 out of a part time wage", would you not be helping to contribute also?????
And you wouldnt get £300 paid for you either, its a maximum of £175 per week they will pay for 1 child. So anything above that you have to pay yourself.

ifonlyitwaseasier

if she was tupe'd then her length of service is from when she was employed by the first emplyer i'd have thought, so even tho the contract with mencap wasn't signed til october she already has far more than the qualifying time for SMP.

am going to pm one of the very clever hr peeps who frequent the boards to have a look

read here and here scroll to page 12 of the second link, confirms what i thought.

Savvy_Sue

daska wrote: »

On a more practical level, why, if it was a TUPE transfer has her continuity of employment not been preserved?

my point here being that her employer is obliged to conduct a risk assessment and to find an alternative role if possible if she or they believe if it is not safe for her to continue in her current role. TUPE allows for new contracts to be signed but only if they are to the employees benefit, removing her rights to maternity pay etc isn't a benefit.

My understanding also.

ifonlyitwaseasier wrote: »

if she was tupe'd then her length of service is from when she was employed by the first emplyer i'd have thought, so even tho the contract with mencap wasn't signed til october she already has far more than the qualifying time for SMP.

I agree with that too.

ifonlyitwaseasier wrote: »

am going to pm one of the very clever hr peeps who frequent the boards to have a look

:rotfl:apparently that was me! Although I have to say there are far better qualified people on the Employment board, my HR knowledge is acquired on the side, as it were.

I'd take the TUPE issue to ACAS. If the employer knows you know your rights, they may realise they've made a mistake.

I can't help a lot with benefits, but if you're renting, you could claim Housing Benefit. Not sure what you'd get, but you don't have to be renting from a social landlord to be eligible.

Have you put your figures into entitled to?

daska

Hodgy8403 wrote: »

due to some dithering by Mencap, she wasn't offered a contract until 1st October which she signed and returned.This signed contract then legally states she's only been employed by Mencap since then.

Well Mencap would appear to have acted at least negligently and quite possibly illegally in depriving her of her employment rights. Please ring ACAS - CLICK HERE for a link to their information on TUPE, as SavvySue says, they may decide that they've made a mistake.

Regardless of the TUPE situation, they still have an obligation to conduct a risk assessment and then find a more suitable role (if necessary and possible) while she is still employed by them.

Savvy_Sue

And actually, I think if they can't find an alternative safe role they have to suspend her on full pay until the earliest date from which she can start her m/l.

BTW, I don't think it will matter that she signed the contract. Again, it's a question for ACAS: I think MENCAP should have noted her start date with the previous organisation with a note to the effect that this counts as a period of continuous employment, or something like that, and I don't think they can back out of that.

Out of interest, her contract doesn't mention the previous employment does it? Because while it's true that her employment with MENCAP started when it did, there should be a recognition of that previous period of employment.

I'd get one of my sons to dig out their TUPEd contract if I thought there was any hope of them being able to find it. :rotfl:

ifonlyitwaseasier

bumping up for the op