Real Life MMD: Should I tell other workers they didn't get full maternity pay?

mungaman

Go ahead, tell them, then watch everyone lose there jobs when the company goes under.
They're bound to thank you for it in the end!!!

JoannaS_3

I don't understand why you are even worrying about what people have or haven't been given in the past.

Don't you have enough to be thinking about with a baby on the way?

It's your company's responsibility to deal with so just go on maternity leave and mind your own! Simple!

spellinn

Companies reclaim statutory maternity pay from the government via subtracting the amount they have paid out from the money they pay HMRC from the tax and NI they collect from your salaries.

So, if they have underpaid SMP in the past, it shouldn't harm the company to fix the error and reclaim the missing money in the usual way. They may need to write to HMRC explaining the error if a significant amount of time has passed.

Their accountant should be able to clarify all of this.

Regards

Neil

Cat2011

I think you should ask your employer to investigate whether they underpaid other employees to clear your conscience, but don't advertise to the employees themselves. It was up to the other employees to investigate if they were getting a fair pay - in the way you did. Having to make backpayments may damage the compnay and therefore your job. And if the company knew it was you that told everyone that would be remembered in the future, and could damage your prospects.

You can't be held responsible for others failing to investigate their entitlements. Yes the compnay were in the wrong, but whistle blowing will probably damage your employment.

bulletproof_1979

Cat2011 wrote: »

You can't be held responsible for others failing to investigate their entitlements. Yes the compnay were in the wrong, but whistle blowing will probably damage your employment.

Agreed - I think the OP should tread carefully - I'd have thought if they were to tell the rest of the staff it'd be fairly obvious to management who it was that let on, and even though they may never raise the issue directly it'd be almost certain to damage their standing with the company and harm their chances of promotion etc.

joehoover

I wouldn't stir things up by telling the staff, you'll be resented for telling them and getting more, management will look on you as a troublemaker, but I would point it out clearly to the management they should reimburse everyone regardless of how it affects their company, you'll soon know if it was an accident or they did it on purpose to save a few quid, then I would wonder if you would bother going back after maternity.

Don't be fooled into thinking it was purely an accident, I've worked for small companies where they honestly couldn't keep abreast of all the requirements, but have been at others who would fiddle what they could.

I wouldn't work for a company who would not treat staff with respect, if it's not properly run and managed there are reasons they are not doing so well, treat your staff well will immeditaly improve morale, productivity and help your success, why companies treat staff so badly is beyond me as it will never benefit the company and enable to them to grow.

lolarosa90

Raise the issue to your company, it's their fault and I'm pretty sure it's illegal not to give the legal minimum of pay for maternity leave. It's only fair and it would be a nice surprise for the mothers! But keep it on the down low until it's announced that their money will be reimbursed. You don't want to be seen as making trouble or gloating that you got more money.

joehoover

pippitypip wrote: »

No, this is not a choice matter; it is a legal one. The onus is actually on the company and not the employee to ensure they meet legal requirements when dealing with pregnant employees.

cloudwalker_3 is correct, the OP should refer the question back to the employer as to whether they will address past maternity issues and they could be sued later over this, so wise for the company to work out how best to deal with it now not later.

But it shouldn't be the OP telling other employees; it should be the company.

hth,
pippitypip

You are correct of course that it is the emploers responsibility but I would always check, even on MSE you are advised to check your tax code is correct, companies make mistakes, so I have always ensured my tax code is correct, likewise if I were on maternity (I'd have a job to get pregnant mind!) I would investigate if I was getting the correct entitlement. Same way I check my bank statements and receipts, I check everything to make sure I am never being ripped off.

Unfortunately we can't trust everyone even our employers, I woudl always urge everyone to check themselves, but agree the OP can;t go whistleblowing now as she'll never come out of it in the best light on either side. Suggest she speaks to employers and if they are decent company they will do the right thing by way of their staff, if they don't then I would wonder about their motives

rosemary9468

Regarding the discrepancy in maternity benefits - in that you may be considered a "trouble-maker" by the Bosses?
I had a similar situations regarding hours of work and foreign workers that were not paid the same as english workers.
I was actually forced out of the job because of this. None of the other workers were prepared to stand up for themselves.
It seems there are loads of Laws governing work pratices but most are un-enforcable. It is only if you belong to a union and they deem it a suitable case. Either way this causes friction at work. The company I/we worked for did not "allow" people to join a union and anyway it is expensive.

:eek:

Gresp

The simple fact is your colleagues are legally entitled to this money.

This is regardless of your company's financial situation, and regardless of who the onus is on to check payments are correct.

Therefore your colleagues should be told. The question is, by whom?

Speak to your employer first - and hopefully they will be the ones to tell your colleagues and put things right. As others have said, an agreement could be made, such as paying back in instalments. If the company are seen to be coming clean and putting things right, the employees will probably be much more obliging in return. Or if what 'spellinn' says is true, then full payment shouldn't be a problem anyway.

However, if your company doesn't take this opportunity to do the right thing, mention it to your colleagues. The money might make a huge difference to some of them, but even if not, they are no less entitled to this money than you are.

How would you feel if you were struggling to get by, then found out you hadn't been paid something you were entitled to, and your colleagues had been aware of this but had done nothing?

Was this oversight a genuine error on your company's part? If so, that's understandable; the way they deal with it will show how much they respect their employees. If not, you should question where else the company might be cutting corners.