need help with some issues with my contract and maternity leave ...

evosy1978

Ive left my job recently straight after my maternity leave ended.

Ive recieved my holiday pay. Ive checked my contract which is from 2004 and it says that holiday entitlement upon leaving will be worked out 1/52nd. (full weeks worked) They have only paid me holiday entitlement based on 1/12th. (full months worked)

On many official websites Ive read it says holiday entitlement is paid for every full month you have completed, yet my contract clearly states its how many weeks I have worked,.

Do I have a case as they owe me some holiday pay based on their contract terms..?

ALSO

In my contract it makes no reference to bank holidays being paid if one leaves the company after maternity leave. Yet its in the contract that aswell as annual holidays you are allowed the bank/public holidays each year WITH pay. So I phoned them and they said no you dont get the bank holidays because you got maternity pay instead. I was getting the SMP of £123 a week. Is this correct as it may no reference to maternity leave then leaving afterwards in my contract... ? A days pay is nearly as much as a whole weeks maternity pay.....

thanks for any advice with the 2 above questions.

Mudd14

Firstly you are entitled to holiday pay up to the date of termination, so you accrue holiday upto the last day of work regardless of it is middle of the week or month.

Secondly you are entitled to the statutory holiday entitlement every year (5.6 week or 28 days for a full time worker), this can include bank holidays.

You circumstances on the holiday for bank holidays may differ depending on your holiday entitlement, could you confirm what it is?

Can they reference anything in your contract that says if you are on maternity leave you are not entitled to BH's paid? I doubt is at they would struggle to enforce such a rule without discriminating.

evosy1978

thanks for the help

In my contract it states entitled to 25 ANNUAL holidays and 8 public/bank holidays with pay,. Your correct with regards to 28 days minimum holiday per year. So this would mean 25 annual plus at least 3 of the bank holidays???

What could it mean when they say they dont owe anything for bank holidays as they paid me maternity leave instead.?


who could i go and see that could help with these matters, ?

thanks

evosy1978

anyone know?

KiKi

jane_sanders wrote: »

Hi guys
If you want professional advice, let me know. I can probably help.

Feel free to post the help on here, then, as do many paid professionals - for free.

KiKi

KiKi

jane_sanders wrote: »

Sounds like you're a professional. Perhaps you would care to give advice. However, I don't give advice, paid or not, until I know all the facts. I say again, citizens advice are there for exactly that, and you can easily go to direct dot gov dot uk

I worked in HR for eleven years, but as a development professional, not in ER. I certainly don't know enough about Mat Leave to offer advice to the OP, otherwise I would have happily done so.

You're absolutely right that people should find out the facts before offering advice. If you need more information before offering advice, you can post questions on the thread for the OP.

My point was that you were suggesting the OP either get free advice from CAB, or contact you for professional advice. As you're new to the forum you may not be aware, but posters aren't allowed to use these forums to get business (although you can put your web page on your profile, which I see you've done). So suggesting the poster contact you outside of the forums when other HR professionals / barristers / solicitors on this site will post advice for free is a bit cheeky, that's all.

Thanks for the links to the other sites, though; hopefully the OP will find them useful.

KiKi

evosy1978

thanks for the replies - so whats just happened because one poster has had 2 posts removed or deleted???

anyway i guess its a sketchy area so ill defo be booking an appointment at the CAB for next week,,

p.s i can post on here exactly what it says in my contract regarding the hols if you want??

thanks

Mudd14

I think what they are trying to say as as you were not working on the bank holidays you are not entitled to leave in lieu of them. I dont like contracts that split holiday entitlement into annual holidays and bank holidays as you end up with this sort of confusion! You would be entitled to 28 days as a minimum, it is only something your employer can confirm in relation to 25 days + 8 bank holidays.

If you could post exactly what your contracts says I may be able to help some more. CAB should be able to take one look and advise though.

mariefab

Does your contract explicitly state that, on termination of employment, any accrued but untaken holiday will be paid based on the enhanced contractual holiday entitlement?

If not, you would only be entitled to be paid for the statutory minimum holiday entitlement accrued.
As previously stated this is 5.6 weeks per year (28 days for a five day week).
The bank holiday issue is a bit of a red herring.
There is no connection between bank holidays and maternity pay/SMP.

In your case it appears that you took 9 months (39 weeks) maternity leave.
So, you would have accrued 21 days holiday during your leave.

KiKi

evosy1978 wrote: »

thanks for the replies - so whats just happened because one poster has had 2 posts removed or deleted???

thanks

The same poster put her contact details in other posts, asking people to contact her if they wanted to take legal action against certain companies, so it seems that all her posts have been removed.

All she said in this thread was to contact CAB, or if you want professional advice, contact her (ie, paid work).

Hope you get it sorted.

KiKi