I added some of my accrued holiday to the end of my maternity leave, but my company has gone into liquidation and the administrators in my case have said that this is classed as wages and not accrued holiday, meaning that I only get paid up to a cap by way of a preferential payment. Is there any case law that says that it can be classed as holiday pay and therefore not subject to the cap?
I have been on a maternity contract for 14 months. The girl is not coming back and has resigned (she is now launching a tribunal against them for indirect sex discrimination related to her pregnancy and flexi time rights) a process which has so far taken over 4 months. My original contract was until June, and when the woman didn’t return I kept being extended for 1 month at a time. I then fell pregnant myself, and am currently 7 months pregnant. They kept assuring me they would extend me until and through my maternity leave, and this week I finally have my date of maternity leave and they said they will extend me until and hopefully beyond then and ill quality for full maternity. The term of the enhanced maternity is this: If you have worked for us for one year at the 15th week before your baby is due, you will be entitled to the following: 13 weeks at full basic salary (or the first 6 weeks at statutory if higher and then 7 weeks a full basic salary). Followed by 26 weeks at the statutory standard rate of SMP. At my initial job interview, my boss already (I realise wrongly) strongly indicated the woman wouldn’t return and the role would be made permanent for me in the future. Since I've become pregnant this seems to have changed and my boss attitude has become markedly withdrawn and at times hostile towards me. Now, I have had to chase them continually for updates even when my contract was due to expire within 1 week, and have been provided the very briefest of information. HR told me that after discussion they realised I don't infect qualify for the enhanced maternity, as despite clearly meeting the requirements as the policy is worded and was indicated to me previously, my leave date for maternity is actually regarded by them as my end date at the company, full stop. So they see this as not needing to provide me with my full maternity rights. I also wonder how I stand in terms of having being employed on several fixed-term contracts for well over one year now, in the same role, that does exist and clearly will still need to exist, but is not being offered to me now the woman has confirmed she is not returning to claim her role? I feel this has all changed since I have become pregnant. I feel really upset and frustrated, and angry this has dragged on to this extent, with me staying in the role after firm assurances I would be given maternity rights.
I have been back at work now for three months after maternity leave. My employer enhanced my maternity leave on top of statutory by offering 3 months full pay, my contract states that I must pay 100% back if I leave before six months and 50% If I leave before a year. I'm pregnant again and will be going on maternity before my year is up. Can they make me pay the monies back? I do not plan to go back after this maternity leave so will only be taking statutory pay. What's the best way to approach this situation?
I work for the NHS and have a contract and job plan. I have 4 young children and use both childcare and parents to enable me to work full time. My job plan states I finish work at 5pm on a Friday afternoon. It takes me 15 minutes to get home. My childcare finishes at 5.15 on Fridays. I have been informed that I must attend a meeting away from work on a Friday afternoon which ends at 5.15pm By the time I travel home it will be 7pm. My childcare cannot stay late on that particular day and every other avenue to help me has been unsuccessful. My employer has made it quite clear that I must attend this meeting. I do not know my rights or what to do as, obviously, my family will always come first. I do need to keep my job though.
While on maternity leave I was informed that due to some restructuring, my department was being merged with another and all members of my department were at risk as redundancy. I have now returned to work and after consultations, we were asked to apply for some positions that have become vacant within the department. I applied for the only two that were suitable for me considering childcare as I now work part-time.
I have now been told that I was not successful and will be considered for redundancy when the new system starts in December. It is worth mentioning that of all of us at my project, I am the only one who was not redeployed. One of the positions I applied for happens to be a newly created position and is very similar to my current one, but none of us was 'good enough' so I am now left with nothing suitable. This position, in addition to others, will now be advertised externally. During the interview for the other position my inability to work full time was mentioned as I clearly stated that, due to childcare responsibilities, I can work 3 week days. I can only presume that I have not been offered any of the jobs because of my inflexibility due to childcare issues. Could you please advise what my rights are and if I have indeed been treated fairly in this case?