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Offered same job on lower pay after maternity leave: ask the expert
I am currently on maternity leave. I was on a fixed-term contract, which came to an end while I was pregnant and my employer extended it until the day my maternity leave started. My employer has offered me my old job back, on a part-time basis, but the hourly rate of pay is 20% lower than it was previously. Can they do this?
As your fixed-term employment ended as soon as your maternity leave commenced i.e. you were no longer an employee of the organisation at the start of your maternity leave then your employer has no obligation to offer you any work and if it does make an offer, it can be on any terms as the employer may chose.
Accordingly, as your employment terminated and this is a new offer altogether it can be on whatever terms the employer sees fit.
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Comments [1]
Anonymous says:
Hi, does an agency worker's contract prior to permanent employment (same position) with the hirer counts towards continuous employment for statutory maternity/adoption leave/pay?
Editor: As long as you have been employed by the same employer continuously before your leave it would count – see https://www.gov.uk/maternity-pay-leave/eligibility#:~:text=Statutory%20Maternity%20Pay%20(%20SMP%20),the%20expected%20week%20of%20childbirth. Were you employed by your agency or the employer?