Maternity advice

[gavzee83]

Hi, I am just after a bit of advise if that's possible.

 

My fiancee is due back to work after 9 months maternity leave. She is unable to work full time now as she has to look after our little boy, and we cannot afford childcare. They have agreed that she can work weekends, but have told her that they will have to reduce her hourly rate, because she will have less responsibilites. She has to go and see them today to discuss a new contract.

 

Do the have the right to do this?

[honeybee13]

I'm not sure they're following the guidelines. I was just looking at the ACAS website for another poster. They have information about maternity rights and a little about returning to work and suitable arrangements. If you don't find all the information you want, you could ring their helpline to ask for advice. Also, have a look at the CAB website.

[honeybee13]

Hello again. I just posted this on the other maternity thread, from the DWP website.

 

Returning to work

 

When you return to work after ordinary maternity leave, you have a right to the same job and the same terms and conditions as if you hadn’t been absent.

This also applies when you come back after additional maternity leave, unless your employer shows that it’s not reasonably practicable for them to take you back in your original job (for example, because the job no longer exists). In that case, you must be offered alternative work with terms and conditions as if you hadn’t been absent.

 

• Employment contracts (employment section)
  

[gavzee83]

Hi HB. Just to let you know that my finacee went back to work to see the manager yesterday. They have cut her wage from £7.28 per hour to minimum wage £5.85 per hour (i think!).

 

They told her that the reason for the cut was because she could no longer do the work she used to. This is because they don't do this work at weekends, and she would just be a receptionist answering the phone, dealing with customers instead of the administration side. They also told her that it shouldnt make a difference to what they pay her, because the working tax credit would make up for it (which is a load of tosh!) as she is working part time.

 

She has contacted ACAS who weren't that helpful to be fair. They just basically said that they had a right to do this, although it may come under 'disscrimination' (that's helps! haha!). They have told her to write a letter to the company expressing her disappointment and concerns of this pay cut. Do you know what would be best to write to them?

[honeybee13]

I'm sorry to hear that. Sometimes it's worth ringing ACAS again, as the standard of adviser can vary.

 

I've never written a grievance letter, but someone else will know.

[elpulpo]

What size is this business? How many employees?

[gavzee83]

Hi elpulpo, it is a small furniture store and it has between 80-90 employees.

 

Some good news anyways , they have agreed to meet my fiancee half way to £6.50 an hour.

 

But now there is a new problem (haha!) . . . .

 

Normally my fiancee would recrue 25 days holidays from april to april, but she has been told because she is starting part-time in Feb, she will only recrue 21. is this correct?

 

. . . . and, the plot thickens.

 

She has already used 13 days in april so has a balance of 8 (according to the employer), and they have told her that she will only be paid half at a rate of £7.28 per hour (her orginial wage) and half £6.50 per hour (her new wage). Does this sound correct?

 

I know it's only pennies, but it's the principal!

[honeybee13]

Hello again. I've seen a calculator for holidays for part-timers, I think it was on the ACAS website.

 

My OH works part-time and the holidays are pro-rata.

[honeybee13]

I found this on the ACAS website, haven't found a calculator yet.

 

How much annual leave am I entitled to?

 

Most workers - whether part-time or full-time - are legally entitled to 5.6 weeks' paid annual leave. Additional annual leave may be agreed as part of a worker's contract. A week's leave should allow workers to be away from work for a week – ie it should be the same amount of time as the working week. If a worker does a five-day week, he or she is entitled to 28 days leave. If he or she does a three-day week, the entitlement is 16.8 days leave. Employers can set the times that workers take their leave, for example for a Christmas shutdown. If a worker's employment ends, he or she has a right to be paid for the leave time due and not taken.

The Work and Families Act does not create a legal right to have a paid day off on Bank Holidays and this remains a contractual matter.

[honeybee13]

I just read the links at the end of this and there's a calculator on Busiiness Link.