Returning from maternity not so straight forward

[Deleted User]

My OH was set to return to her Job on Sunday. Unfortunately things starting to get a little messy.

She has worked as barmaid for 6 years and as a cleaner for almost 3 years. Both Jobs are with the same employer/bar. She started Her maternity on January 1st this year.

She actually spend a couple of days with her temp replacement showing her the ropes etc.

She had call on sun morning saying sorry but the temp is refusing to leave and is going to sue the bar, Take two day off while we look into it.

She's worried she wont have a job to return to. The bar is run via a committee made up of average Joes. They are very unproffesional and have little experience. their are no contract for workers etc.


To complicate matters her mother is the stewardess/manageress and they are saying it fall on her to make a decison and sort it out!


Should she be worried?

Jarndyce

She shouldn't have anything to worry about as far as her right to return to her old job (if practical - which it sounds like it is subject to them getting rid of the temp) on no less favourable conditions is concerned.

How they deal with the temp is not her problem, she has the right to return. If they mess her about any further she should write setting out her wish and right to return and asking them for a date - if they do not respond positively then she would have a claim against them, but lets hope it doesn't come to that.

Sambucus_Nigra

She should have turned up on the allocated day of her return to work. That the temp refuses to leave is not her problem and they could now say that she did not turn up as expected.

[Deleted User]

@Jarndyce thanks that puts our minds at rest. :j

@Sambucus Nigra, I don't understand, she is following her employers instructions to have two days off and not to come in. Was it not wise to listen to them?

[Deleted User]

It feels like were inside a soap opera now.

The temp is holding the Keys refusing to return them. On the grounds she is seeking legal advice. These are essential and we must have them before 9Am tomorrow. as that is my OH new offical start date,


To add to all this drama the commitee is divided. some members are insisting she stays, one told her to seek the legal advice.We have no lost two days pay and cant afford to loose any more :mad:

When she started maternity leave it was crystal clear she would return and the Job was temp only...


Infact I was offered the job at the start and they changed their minds:rotfl: You could say I have little confidence in them

Jarndyce

They sound like a right bunch of cowboys

Again, what happens to the temp is really not your concern.

Turn up to work at the appointed time, and if you cannot gain access, try to contact them by phone for instructions as to what to do. Otherwise, go home, and write a letter or email informing them that you were unable to gain access and you still expect to be paid for that shift. Keep everything in writing as far as possible and make sure everything is dated and you keep copies.

Ultimately, if this goes on for any length of time, you would be entitled to argue that the employer is in breach of contract, and that's just for starters.

SarEl

But she hasn't lost two days pay - they have to pay her! She indicated her return to work, she was ready and able to work, and they asked her not to. That is suspension and therefore she must be paid! You will need to point this out to them - and that they are now facing several potential legal challenges for breach of contract, unfair dismissal, breach of regulation 10 rights, sex discrimination and now unlawful refusal to pay wages...

And the temp has no claim at all...

I know which way I would decide in their position!

[Deleted User]

Indeed any drama should not fall on our door. Seems the Head of committee is source of the issues.

He forgot...to tell the temp my OH was returning , in fact giving her less than 24 hours notice (told her on saturday morning she was now finished) . Hence why she demanded to stay until Monday for what ever reason.

He may have assumed my OH was not coming back because he overheard it somewhere, any may have indicated to the temp the job was now permanent for her.

It's laughable but as our main income we can't afford this

He will get back to us asap and will consider paying her the two lost days...

Sambucus_Nigra

Deleted_User wrote: »

It feels like were inside a soap opera now.

The temp is holding the Keys refusing to return them. On the grounds she is seeking legal advice. These are essential and we must have them before 9Am tomorrow. as that is my OH new offical start date,


To add to all this drama the commitee is divided. some members are insisting she stays, one told her to seek the legal advice.We have no lost two days pay and cant afford to loose any more :mad:

When she started maternity leave it was crystal clear she would return and the Job was temp only...


Infact I was offered the job at the start and they changed their minds:rotfl: You could say I have little confidence in them

No, you are not inside any soap opera. It is the employer who needs to sort this and if they don't understand the law in relation to maternity leave then perhaps they need to consult some legal books.

Your OH needs to turn up to work every day. If she has no keys, it is not her concern, it is up to the employer to sort this out.

[Deleted User]

Well my OH's first day back at work and now we face another dilemma. I will attempt to explain it the best I can.

They employer works on the basis that Sunday is the start of a work week. Pay is issued on saturdays.

We where payed as normal (maternity pay) on Saturday just gone. They texted her on the same day "maternity now ended , come back in on Sunday" (next day) Then the drama started.. as above.

We now have hit a hurdle. We assumed she would have started work on Sunday and been paid this Saturday for work done as it always was.

They now say no you wont be paid this week, you'll have to manage as we work a week lieing on setup/in arrears , sorry dont know the offical term for it.

That seems a little odd. Its not like its her first week at the Job right?

I assume if there right , what they should have done is told us a week earlier and had her start then?, thus avoid a week gap of no pay?

sorry if its not clear, our heads are a little all over ,sort of speak:rotfl:

SarEl

Well if that is the way they pay there isn't anything wrong with it, provided it is a week in lieu. Did she get a week when she went on maternity?