Employer to stop paying my contracted maternity pay and pay staturtoy out of the blue

abc_

Hello,

I hope someone can help. I was called into work for a meeting today and m,y boss told me that 'it isnt makeing buisness sense' to be paying me my contracted full wage, and that I will be being paid statutory matnerity pay from now on. Ive been off work on leave now for 6 months, my little one is 5 months. I am due to go back to work in May. Now it was agreed I would be paid my full salary whilst off. Where do I stand and what can I do aobut it going forwards. Honestly a stress I could do without as we are currently in the process of buying our home.

Look forward to you help.

TBagpuss

Was it originally agreed that you would be off for a full year?
When and how was the full salary agreed, and do you you have it in writing?

El_Torro

How big is the company you work for? They should have a policy on maternity pay, what is it? From what you say it sounds like they're making it up as they go along, which hopefully isn't true.

Comms69

abc_ wrote: »

Hello,

I hope someone can help. I was called into work for a meeting today and m,y boss told me that 'it isnt makeing buisness sense' to be paying me my contracted full wage, and that I will be being paid statutory matnerity pay from now on. Ive been off work on leave now for 6 months, my little one is 5 months. I am due to go back to work in May. Now it was agreed I would be paid my full salary whilst off. Where do I stand and what can I do aobut it going forwards. Honestly a stress I could do without as we are currently in the process of buying our home.

Look forward to you help.

How long have you worked there?


Is it worth losing your job over?


What does your contract actually say?


Ultimately your recourse - which may well be successful - would leave the relationship beyond repair.

abc_

Thanks for getting back to me.

The length of my leave was agreed as was my being on full pay. I signed my maternity pack which stated my pay. I was told today that it was a gesture and at their discretion that I'm paid my full salary. Ive got an appointment with Citizens Advice tomorrow. I just dont know where I stand and feel extremely upset about the whole situation.

Comms69

abc_ wrote: »

Thanks for getting back to me.

The length of my leave was agreed as was my being on full pay. I signed my maternity pack which stated my pay. I was told today that it was a gesture and at their discretion that I'm paid my full salary. Ive got an appointment with Citizens Advice tomorrow. I just dont know where I stand and feel extremely upset about the whole situation.

Without meaning to sound callous - answering the above questions would help.


Contractual maternity pay can be discretionary, which is why I asked what your contract actually said.


Citizens advice really wont be much use. I suspect you'll get a print out of your 'rights' but without addressing the above points it's fairly moot.

abc_

It's a small company of two Bar/Restaurants. I'm the first person to go on Matnerity leave from a contracted position.

agrinnall

Well, I can see their point, it does make no business sense to pay you full wages when they are getting nothing in return. But if they agreed to it and you have it in writing then if they stop paying you would be able to sue and most likely win. However, if you were to do that then your job could well be at risk at some point in the future. Would you be prepared to negotiate a compromise with them, somewhere between SMP and full pay?

abc_

I've worked for the company for 4 years. I wouldnt want to lose my job as ive got a new baby to support so being out of work isnt an option. My contract and maternity pack are at work and i'll be picking them up tomorrow before i go to citizens advice

Comms69

abc_ wrote: »

I've worked for the company for 4 years. I wouldnt want to lose my job as ive got a new baby to support so being out of work isnt an option. My contract and maternity pack are at work and i'll be picking them up tomorrow before i go to citizens advice

I think that is the key factor.


Assuming your contract is water-tight. which for a bar/restaurant business is questionable. IE no reason to offer it unconditionally.


You would have to sue your employer to be successful. That would definitely destroy the relationship in a small business such as this.

sangie595

If they said it was discretionary, then that suggests they don't have to pay it. I have to say, full pay for one year is beyond generous. I work with the public sector, who have some lithe best maternity packages, and what your are claiming is twice our best ones! It's unbelievable they were foolish enough to offer it. For a small employer to do this could be enough to put them out of business. Which may be where they are going...