Not paying back mat leave

beepboes

Belows a quick outline of my work situation. Would appreciate it if you could have a quick read.

I went on maternity leave in March 2011. I was contacted in June 2011 to say that my position no longer existed at the University due to changes and restructuring. A similar post had been created which i was deemed suitable for but would have to apply for it along with 4 other people. I refused to disrupt my maternity leave by doing this and after much arguining and contacting CAB who told me that
"If there are any suitable alternative jobs available at any time up to the end of your employment contract you are entitled to be offered a job during your maternity leave and you are not expected to have to apply or attend interviews"
HR eventually agreed to this and i was offered the alternative role which i verbally accepted but when they sent me out a contract to sign i didnt do this.
Have now told them i'm not returning and they have said i either need to return for 3 months or owe them £2077.

I think that as i havent signed a contract and my old role doesnt exist i am no longer employed by them.They have said:
"Whilst your role may have changed, you are still employed on a permanent contract with the ######## and the original terms and conditions relating to your maternity leave still apply"

Do you think i will be able to get out of paying them back? Thanks v much

kingfisherblue

HR agreed to employ you in a similar job, you accepted this. Therefore you are still employed by them and if you do not go back, you have to pay the money back. If they had turned round and said that because you had not signed the contract they weren't paying you and you were no longer employed, you would soon have kicked up a fuss about getting your maternity pay. You can't have it both ways.

agrinnall

I take it that your original contract of employment specified a 2 month notice period? If so then I fear they are well within their rights to insist on holding you to that - from http://www.direct.gov.uk/en/Parents/Moneyandworkentitlements/WorkAndFamilies/Pregnancyandmaternityrights/DG_065153 :

"If you decide not to return to work at all, you must give your employer notice in the normal way."

However, I'm not sure how they've arrived at a figure of £2077. They could require you to pay any extra cost over what they would have paid for you to do the job for another 3 months, for instance by employing an agency worker, but I think they would need to justify how that figure has been calculated.

mildred1978

If you don't pay it back then they will take you to court and get a CCJ against you.

I can't believe that you threw your weight around, demanding a new job without interview, implying that you intended to return, and probably ensuring others were made redundant, and then you have the audacity to not just decide not to go back, but to try and pocket a £2k overpayment. I hope your hubby is prepared to keep you for a long time because you'll not be getting a glowing reference!

I'd be watching out for karma too.

Unbelievable.

mildred1978

beepboes wrote: »

Belows a quick outline of my work situation. Would appreciate it if you could have a quick read.

I went on maternity leave in March 2011. I was contacted in June 2011 to say that my position no longer existed at the University due to changes and restructuring. A similar post had been created which i was deemed suitable for but would have to apply for it along with 4 other people. I refused to disrupt my maternity leave by doing this and after much arguining and contacting CAB who told me that
"If there are any suitable alternative jobs available at any time up to the end of your employment contract you are entitled to be offered a job during your maternity leave and you are not expected to have to apply or attend interviews"
HR eventually agreed to this and i was offered the alternative role which i verbally accepted but when they sent me out a contract to sign i didnt do this.
Have now told them i'm not returning and they have said i either need to return for 3 months or owe them £2077.

I think that as i havent signed a contract and my old role doesnt exist i am no longer employed by them.They have said:
"Whilst your role may have changed, you are still employed on a permanent contract with the ######## and the original terms and conditions relating to your maternity leave still apply"

Do you think i will be able to get out of paying them back? Thanks v much

Just in case it disappears

Uncertain

mildred1978 wrote: »

I'd be watching out for karma too.

Unbelievable.

Well I'd be watching out for people like you!

You might not agree with the rights the law gives the OP but, as I see it, she has done no more than exercise them.

She took advice from the CAB and acted on it after her HR department tried to evade their legal responsibilities and mislead her.

The ONLY questionable point here is whether a verbal acceptance, subject to contract, is sufficient.

The HR department will struggle to prove there was an acceptance as I imagine, on reflection, the OP will remember that she said no more than "thank you, sounds promising I look forward to seeing the contract".

t0rt0ise

If she hadn't accepted the job and just got made redundant back in June, would she then have continued to be paid maternity pay or would it have finished earlier? If so then they have continued to pay her from June till now so she has still been overpaid. I'm genuinely asking because I don't know.

Emmzi

she either took redundancy, or the new role.

In the absenceof a big cheque for redundancy, and given the correspndence about the new role and her pushing to get it, she has taken the new role.

That's enough of a paper trail for any ET or court.

The evidence here is "balance of probability" not "absolute."

Just pay it back already!!

Uncertain

Emmzi wrote: »

In the absenceof a big cheque for redundancy, and given the correspndence about the new role and her pushing to get it, she has taken the new role.

That's enough of a paper trail for any ET or court.

Don't agree.

Maybe the contract when she saw it was unacceptable? After all the HR department had already tried to shaft her!

cte1111

[QUOTE=agrinnall;50257439
However, I'm not sure how they've arrived at a figure of £2077. They could require you to pay any extra cost over what they would have paid for you to do the job for another 3 months, for instance by employing an agency worker, but I think they would need to justify how that figure has been calculated.[/QUOTE]
I'm presuming that the OP has been paid discretionary maternity pay which came with the condition that if she did not return to work (for at least 3 months) then she has to repay the non-statutory part, e.g. £2077.

Do you have legal cover on your home insurance / through your union? If so, I'd check with them.

If you want a general opinion, I think you will have to return to work for the 3 months or repay the maternity pay in question.

Why did you accept the new job is you weren't intending on returning?

Googlewhacker

Emmzi wrote: »

she either took redundancy, or the new role.

In the absenceof a big cheque for redundancy, and given the correspndence about the new role and her pushing to get it, she has taken the new role.

That's enough of a paper trail for any ET or court.

The evidence here is "balance of probability" not "absolute."

Just pay it back already!!

Exactly, I think even Uncertain knows he is stretching it with what he said. If the company has proof of posting of the contract as well then even without it being signed the fact the OP hasn't objected to it I would guess is good enough as an acceptance of the terms and conditions.

And yes, I wonder how your reference will be for the future considering you have messed them around, albeit legally. You do realise you have caused one of your colleagues a load of stress that could have been avoided.....