Unfair Pay? Any advice please :)

Kzlnd

I thought I'd get other opinions before speaking with my employers as I obviously think this is unfair but I'm not sure if it actually is!

I'm pregnant and informed my employers by letter around 14wks and provided my intended date to start maternity leave. I also requested information on company policy, pay and benefits.

I had to chase up my employers as I received no information - Although I already knew about the 39 weeks leave and statutory pay etc.
When my employers did email me, I was told I would receive only 26! weeks leave and only statutory pay. I responded with stating the correct term of 39weeks, I thought they were 'trying it on'. Still haven't been provided with any company policy (for anything, ever).

I'm not happy about receiving no additional pay, it's a large drop in my wages. I've worked for the company more than 4 years and was poorly paid for some time, I'm still the lowest paid employee.


I will be going back to them and asking them to consider some sort of additional pay for x number of weeks as I think they are acting unfairly.

Male employees have previously taken paternity leave (more than the govenment statutory of 2 weeks) and at full pay - Not statutory paternity pay.

Sick leave is also taken by employees at full pay - Not statutory sick pay.

Leaves me thinking, why should I simply accept statutory pay??
I'm well aware that paternity leave/pay is only for 2 weeks whilst maternity is up to 39 weeks - I'm not expecting full pay for up to 39 weeks at all!


I just wanted some opinions, am I just being greedy and peeved or are my employers acting unfairly?

asea

what a shame

do you have a staff handbook? i'm sure by law that companies need to provide one which should have this information in it..

if you can, give acas a call, they will tell you what's what legally, i think their website is https://www.acas.org

hope it's all sorted soon - good luck!

liney

I think you will find the vast majority of employers pay SMP, so i wouldnt class it as unfair. The first 6 weeks at 90% full pay then the lower rate afterwards.

Shouldnt this be in your contract along with the proceedure and payment for sickness though? Mine was.

CFC

Ask for a copy of either your employment handbook or your contract.

If the company policy is not spelled out there, then speak to ACAS for further advice.

Savvy_Sue

the company policy may be out of date, but whatever it is, it can't be less than the new statutory minimum. I wouldn't hold your breath for getting more than that unless they have it in writing: if the old policy was only stat. min, the new one's hardly likely to be more generous.

the fact that the company chooses to pay more than the stat. min for Sick Pay and Paternity Leave has no bearing on their policy for maternity pay. You might have grounds for complaint if SOME staff got more than stat. min but you didn't, or if SOME staff have had more than stat. min for maternity.

Kzlnd

We haven't been issued with any policies nor have we had employment contracts or staff handbooks.

When I informed them of my pregnancy I requested information on company policy relating to maternity - I have been given nothing, I was just told I would receive SMP for 26 weeks - which is incorrect and apparently they had someone send me a government employeRS guide?? (USELESS!) - I'm fully aware of the government statutory payments/leave/etc.

The last employee to take paternity leave and full pay, did so in December. Nothing has ever been in writing, several employees have asked for company policy info and we've been ignored.

So I have to accept that male employees receive full pay and I'm not entitled to any full pay whilst on leave? Grrr :rolleyes:
Thanks for your advice

Jarvisma

The difference between whether you are entitled to 26 weeks pay or 39 weeks pay is dependant on your actual due date.

For babies due in the week beginning on or after April 1st 39 weeks is payable.
For babies due in any week beginning before the 1st April 26 weeks is still due.

I stress that this is the DUE DATE, irrespective of when the baby is actually born.

As far as whether they should be paying you any additional Occupational Maternity Pay (OMP) this is entirely discretional and down to company policy. It is unfortunately not unusual for some companies, especially smaller ones, to simply pay Statutory and no more and should have been made clear to you when you started your employment as it would have formed part of the terms and conditions of your employment.

Check your contract and any employee handbook or similar that is available to you. It is worth a try asking but unfortunately it doesn't sound like they will be very forthcoming. I think you would find it very difficult to argue against any paternity pay rules as it is for a different timeframe and different rules apply.

As far as 'hearing nothing from them' Employers are obliged to respond in writing to an employee's notification of maternity leave within 28 days of having been informed, so this may be worth pointing out to them. I am guessing when you told them of the pregnancy you gave them an expected due date and should have also given them the date you wish to start your maternity leave, in return they should have officially acknowledged this and must tell you, in writing, when they expect you to return to work. They should also tell you whether or not you are entitled to SMP.

They have other obligations as well such as health and safety, let me know if you need any further info.

Hope that helps but wasn't too depressing, and congratulations on the baby!

Kzlnd

Thanks Jarvisma
I know that SMP changed from April 1st - My EDD is September 18th. So I should receive 39weeks pay.

I've never been given any terms & conditions, employee handbook, no policy information, or even a contract. Although we had a business transfer last year, we were all given a sheet of paper stating our salary, title and hours of work and verbally told that everything was to carry over as previous - but we never had any policy information/contract given.

I did tell them my due date and date I would like to start maternity leave, they haven't confirmed or rejected this and haven't given me a date to return to work although I wasn't sure if they needed my MATB1 form first before they could give me that date? I recieved the form yesterday and will send a copy to them next week.

Jarvisma

They don't HAVE to wait for your MAT B1 but you could give them the benefit of the that doubt that that's what they've done. You should still receive a written response within 28 days of when you first notified them. You could remind them of this when you send in your MATB1

You'll need to give them the original MATB1 and keep a copy for yourself, as they will need this for their SMP payment records.

As far as your T&C's do you still have a copy of the contract from the previous company, if there was one? If not you can still contact them (if possible) and ask for a copy. Even if the company is wound up they are legally obliged to keep a statutory minimum of 6 years worth of records.

Do you also still have the piece of paper you mentioned, as in the absence of any other formal document this is your contract of employment.

I still think you are unlikely to get any more money from them unless there is a clear OMP in the old contract and you would then need to try and get this honoured and see it through to a tribunal if necessary. However, if you are confident and know your rights they are less likely to muck you around.

All in all maybe it would be best to just take the smp that they are offering and leave it at that for the sake of not putting you and your baby under extra stress.

You are certainly not being left short, as long as they correct their mistake that you are entitled to 39 weeks, and on your due date you must insist on this, with SM pay and leave gradually increasing employers are finding it more expensive to both pay out the money in the short term (although they will get back a certain amount) and leaving the job open for even longer, so it's becoming more and more common to just pay SMP.

Keep us posted but make sure you get your 39 weeks. If they refuse I can give you details of who to complain to that will have the most power in forcing them to pay the full amount.

pinkshoes

I'm afraid your company have no obligation to offer you anything better than SMP, so trying to contest this will just cause you unnecessary stress.

Maybe send them this link to the government web page with the latest info:

http://www.dwp.gov.uk/lifeevent/benefits/statutory_maternity_pay.asp

You'll get paid 6 weeks at 90% of your salary, then 33 weeks at £112.75

So I have to accept that male employees receive full pay and I'm not entitled to any full pay whilst on leave? Grrr
Thanks for your advice

I think it's really harsh that men only get entitled to 2 weeks off!! If you carry out a survey, i'm sure most men would rather have 6 weeks off at 90% pay than 2 weeks off at full pay!!

Personally, i can't afford to live on £112.75 a week, hence i'm gonna have to wait a couple more years to have a baby!! very frustrating, but that's life!

Don't forget that not only are your company going to pay you 90% of your salary for 6 weeks, they're also going to have to pay someone 100% of your salary to do your job whilst you're not there, for a whole 39 weeks!! So although it doesn't SEEM fair, it's not bad when you think about it rationally.

LittleVoice

Kzlnd -Are you actually planning to return to the company? It sounds as though you should seriously consider finding a different employer.

I don't think they or you are being particularly greedy but I do think there are likely to be other employers who would provide better pay and other terms of employment.