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?
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?
I have recently found out that my employer has changed their maternity leave policy with regards to bank holiday accrual. It states in their FAQs: Am I entitled to bank holidays, Statutory and Extra-statutory Holidays whilst on maternity leave? Yes*. Bank holidays will be paid as a lump sum on your return to work. You will only be paid for those bank holidays which fall when you are in half and/or nil pay in order to reflect a full day's pay. *The implementation date for this was 1 April 2013, so if you are already on maternity leave at 1 April 2013 or started maternity leave after the 1 April 2013 you will get paid for bank holidays, it will not apply to those who have returned to employment before the 1 April 2013. As I work for a university, in my contract we are entitled to 25 days annual leave plus an additional 12 that cover university closure. I have queried why they will only pay bank holidays from April 13 as all our terms and conditions of contract are the same. Their answer was that maternity regs provide no right to remuneration and this supercedes our contract. Can you confirm if they are correct? Surely I could argue I have suffered a detriment with this policy. Also, if I went on maternity leave since this policy change, I would be better off and get all the holidays paid.
Whilst on maternity leave (I had planned to take the full 52 weeks) my department has been moved out into a separate company. There has been an organisational restructure and a job matching process has been undertaken where all employees' current job descriptions were matched against jobs in the new structure. The three outcomes of the process were either 1) a direct match and job offered 2) a similar match and invitation to interview for that job or 3) not matched and invited to review remaining posts and apply. My post has been classed as a similar match and I have been invited for interview – however, it has been confirmed that I would be the only person who would be interviewed for the post. I still have another 2 ½ months of maternity leave left. Can my employers force me to interview for a post which is a similar role to the one I was doing (and now no longer exists) where I am the only candidate or should they automatically provide me with a job on similar t&c’s?
I'm currently on maternity leave and there is a proposal currently in its consultation phase where my role has been 'removed'. The positions available for me to apply for would all mean an effective demotion and reduction in pay. Can my employer do this? In addition, I was told that a position that was available whilst on maternity leave was full-time and could not be part time. I now discover that that is not true and someone is doing that role in 4 days (I also work 4 days, so would have applied for the role had I known). Where do I stand with this?