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I have recently returned from maternity leave, having taken the full 12 months plus accrued holidays ie I was off for the whole of 2009. My organisation operates a performance rating system (1-5, 5 is high) and a discretionary bonus scheme. Prior to going on maternity leave I was rated as a 4 performer which meant that I always received a performance bonus. The year I went off on maternity leave I received a lower performance rating (3) but still received a performance bonus. I am being told that my rating will carry forward for the year I was on maternity leave (2009), but I won't receive a performance bonus. I have been in the same department since 2005 and for the years 05,06 and 07 I received a 4 ratings and a performance bonus each year. In the 9 years i have worked for this organisation I have never had a year whereby I have not received a discretionary bonus. I appreciate that the financial climate is tougher, but if I look objectively at my previous performance, the only difference is that I was out of the business for 14 months. I now feel that I have been disadvantaged and discriminated against for going on maternity leave which seems very unfair. I have canvassed opinion of a few colleagues who have been involved in this year's pay review and they believe I have been treated harshly. I was advised informally that the decision should have been made based on the assumption that i would have continued to perform at the same level. I feel angry and upset and I want to clarify what my options might be before I challenge the decision. I feel I've had a few messages as a result of this decision (1) I am not going to be as effective (2) I am no longer a high performer (3) my value/contribution is less than before. I feel let down and disillusioned by the way I have been treated. Should I just accept this as a bad experience and move on, or do I have a case to challenge? The other complication is that I am actually pregnant again and will go off on maternity leave in May.
Answered by: Tracey Guest
Unfortunately, the position in UK law regarding an employee's entitlement to a bonus during maternity leave is extremely complex and inconsistent.
The guiding principle is that… View full answer >
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Answered by: Anna Docherty
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Answered by: Linda Whittern
I am due to return to work at the end of April and wish to apply for a flexible working request to go part-time. My problems are (1) the office I previously worked from is being closed down and I have not been advised where I am expected to work from, despite asking on numerous occasions and recieving vague responses about locations which are not commutable especially with nursery drop-off times (2) there has recently been a collective consultation. However, my line manager has advised that my job role is remaining. I have asked if I can apply for a temporary change to my full-time contract with a view to making it permanent once the new structure has been announced. HR have advised that there is not a form for this and I have to apply for a permanent change. I am a bit wary of doing this as I believe if they were to suddenly decide to make me redundant and if my part-time working hours have been accepted this would be what any redundancy package would be based on. Also I don't know how I am meant to put together a business case for my flexible working application if I do not know the business unit, location, or new structure? Should I submit a covering letter stating my concerns over the application or is there anything else I can do to cover my back? View full answer >
Answered by: Tracey Guest
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