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Old 13th July 2016, 13:42   #1
chipsceola
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Angry Maternity pay, any experts?

My daughter in law was on maternity leave and receiving pay that included an allowance for week-end working due to covering own week-ends and extra cover for those who for one reason or another failed to do their shifts.

While still on leave the local council run 'home' was closed down and she became redundant. Now they are claiming due to being made redundant the w/e allowance must be repaid as an overpayment in the sum of £500.00.

Seems unfair to me, if pay was calculated correctly as it was, why should that change if made redundant?

Any advice welcome.
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Old 13th July 2016, 13:44   #2
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Does it mention any of this in her contract?
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Old 13th July 2016, 14:05   #3
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I think technically it should have ended when she went on maternity leave unless it was built into her contract. That is the crux of the matter. What does her contract say?
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Old 13th July 2016, 14:51   #4
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Quote:
Originally Posted by topman View Post
Does it mention any of this in her contract?

Quote:
Originally Posted by lady zed View Post
I think technically it should have ended when she went on maternity leave unless it was built into her contract. That is the crux of the matter. What does her contract say?
To clarify - had she not been made redundant to closure of the 'Home' her maternity leave pay would have remained unchanged, including the w/e working allowance, she would have returned to her job and no dispute would have occurred - the overpayment of the w/e working allowance only became an issue following redundancy.
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Old 13th July 2016, 15:05   #5
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Noted, i meant does it say something like ' in the event of redundancy ' and cover what would happen to these additional payments ?
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Old 13th July 2016, 16:21   #6
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Has she spoken to her union? They will be used to this kind of thing
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Old 13th July 2016, 23:25   #7
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OK folks thanks for your patience - have read through contract
No mention of maternity leave
No mention of redundancy


If an employee become pregnant they register that and another document is issued
outlines pay and conditions
says payment is based on previous 8 weeks gross pay
No mention of redundancy

Letter received when home set for closure and staff redundancy became necessary,
new document issued outlining T&C's
no mention of being on maternity leave when notice issued/ decision made Redundancy packagecalculated and figures givenincluding holiday pay severance payments etc.
Letter then received stating overpayment of w/e hours
Redundancy payment received without deductions of above.

Last letter received stating £500 payable and due within 14-days followed by phone call where arrangements made to accept instalments instead of payment in full.

Remember this a local government with HR department who issued and calculated all above.
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Old 13th July 2016, 23:47   #8
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Bonuses are exempt from redundancy calculations so has a pen pusher mistaken the allowance as being a bonus rather than a shift allowance.
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Old 14th July 2016, 03:54   #9
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My advice join the union!
If your daughter I law is paid maternity leave by a local council you will need their specific agreement with the Unions on this! Their is statutory law but it's likely the T&C are slightly better at a local authority. Call HR and ask them for a
copy of these, without these documents it's hard to comment, my gut feeling is she has a case to keep it????!!!!

Lastly if money does need to be paid back they she will have to pay it, but as she has been made redundant she can negotiate an amount per week/month.
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Old 14th July 2016, 05:49   #10
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I would contact the council admin and ask them for the explanation as to why they think she owes the money.
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