Anyone work in HR. I need help again!! RE: Maternity pay and contracts of employment.

[kristel_]

Bit of a complication here. Last year when i was on maternity leave my manager wrote to me to say that she has amended my terms and conditions as i was actually entitled to 26 weeks full pay not 13 weeks full pay as in my original contract.

I am now pregnant again and have asked HR to confirm my entitlement before i tell them how long i am planning to take off this time round. HR have came back to me saying the increased payments last time were discretionary and that no contractual changes were made, even though my manager told me she had amended them So this time round i am only entitled to 13 weeks at full pay.

I still have the letter my manager signed and dated to say she changed the t&c's of my contract. How should i go about fighting this? I am not happy how they like to keep messing around with my job!

 

[gingajewel]

I work in HR hun :-D Do you have a signed letter from your manager saying your t's and c's have been ammended? If so this supersedes your contract as it is the newest confirmation you have from them. If it doesnt say its a temporary change on the letter i would:

- Put a letter into your HR department with a copy of your letter in
- State that as this is the newest amendment you have then this automatically over-rides your contract
-State that you werent told this was a temporary change and that you will expect to be paid the 26 weeks paid as per your new t's and c's.

If they dont respond/still say no then i would put in a grievance and go from there. You have been told maternity pay is 26 weeks therefore i dont know why they would expect to change it this time round.

Good luck i hope it goes well for you X

 

[kristel_]

I work in HR hun :-D Do you have a signed letter from your manager saying your t's and c's have been ammended? If so this supersedes your contract as it is the newest confirmation you have from them. If it doesnt say its a temporary change on the letter i would:

- Put a letter into your HR department with a copy of your letter in
- State that as this is the newest amendment you have then this automatically over-rides your contract
-State that you werent told this was a temporary change and that you will expect to be paid the 26 weeks paid as per your new t's and c's.

If they dont respond/still say no then i would put in a grievance and go from there. You have been told maternity pay is 26 weeks therefore i dont know why they would expect to change it this time round.

Good luck i hope it goes well for you X

Thank you for getting back to me. I have done all of the above, they have seen the letter and have come back with this..........

Hi Kristel

As per my previous email, there are no contractual changes in your file – I have also read through all of your terms and conditions.


For this reason I would advise that you would be entitled to the company Standard.


Kind Regards

 

[caggimedicine]

Reply to them saying

"It appears my manager failed to provide you with a copy of the attached letter amending my terms and conditions of employment. As you will see, the letter specifically states that my terms and conditions have been changed in relation to my entitlement to occupational maternity pay. This letter is dated [date] and therefore supercedes paragraph [enter] of my contract of employment"

Shouldn't be any further argument.

 

[kristel_]

Reply to them saying

"It appears my manager failed to provide you with a copy of the attached letter amending my terms and conditions of employment. As you will see, the letter specifically states that my terms and conditions have been changed in relation to my entitlement to occupational maternity pay. This letter is dated [date] and therefore supercedes paragraph [enter] of my contract of employment"

Shouldn't be any further argument.

Thing is, it's a bit more complicated than that.

I went back after an agreement to change my hours meant a new job within the same department. So i signed a new contract. However this new contract says nothing about maternity pay. The letter says that i am entitled to the full 26 weeks because of the department that i am under, when i signed my new contract i was still under the same department so in theory it should still stand as i was not told otherwise.