Employee claiming a birth, but I do not believe him

[Hashtaggggg]

Evening


I have an employee that is claiming his partner has been having a difficult pregnancy and this resulted in a C section last Sunday.

However, I and my colleagues do not believe what he is saying and suspect that there has not been a birth, or for that matter a pregnancy.

He is on his notice period and we are trying to agree what the company owes him, both legally and what is morally correct.

We agreed a conditional garden leave agreement, that he did not honour, as as far as I am concerned he is now on unpaid leave, and have said the same, until we can discuss the monies owed.

I have paid him 50% more this month as it is Christmas and I was not comfortable with the calculated figure.

Can I ask hime for proof of the birth, and offer him a settlement on receipt?

I should add that we have no problem paying him what is due, and immediately.

Any advice appreciated.

regards

Edited by Hashtaggggg on Tuesday 18th December 19:47

[jackh707]

Ask to see a copy of the MatB1 form.

Should have had it from 20 weeks, usually a duplicate as it’s mainky used for the mums employer.

https://www.gov.uk/government/publications/materni...

[Black_S3]

https://www.gov.uk/paternity-pay-leave/how-to-clai...

''How to claim
Claim Paternity Leave and Pay through your employer. You do not need to give proof of the pregnancy or birth.''

Fairly stupid isn't it.... At least the liars used to run out of grandparents quite quickly.

[Hashtaggggg]

Black_S3 said:

https://www.gov.uk/paternity-pay-leave/how-to-clai...

''How to claim
Claim Paternity Leave and Pay through your employer. You do not need to give proof of the pregnancy or birth.''

Fairly stupid isn't it.... At least the liars used to run out of grandparents quite quickly.

He is not asking for Paternity, carefully dodging that question.

Despite telling us that he would be taking paternity

[drdel]

I might be tempted to do a bit of quiet investigation ! (privately or professional). Depends how much cash is at stake and time you're prepared to 'waste'.

[Black_S3]

I'm confused as to what happening?

He gave notice? You put him on garden leave for his notice? Somehow he declined the garden leave and kept coming in to work? He is now not coming in to work claiming personal reasons but not claiming paternity?

Or was the garden leave on the condition of him not taking employment for the notice period?

[Drawweight]

Is the amount you are due legally and the amount you feel morally obliged to pay different?

If so I would stick to the legal amount.

If you feel he is taking you for a ride then any moral feelings should go out the window.

[syl]

Make him fill the form in. If he's lying, it's fraud. If it's statutory paternity pay, it's benefits fraud.

[FWIW]

What has the pregnancy (or not) got to do with anything?

[Hashtaggggg]

FWIW said:

What has the pregnancy (or not) got to do with anything?

Because he has taken 2 weeks off in the last 6 due to the complications .

He has not holiday left so in my view this is unpaid absence.

And if it is a hoax....

[Unexpected Item In The Bagging Area]

Have you looked for him on social media?

[Hashtaggggg]

Unexpected Item In The Bagging Area said:

Have you looked for him on social media?

Yes, no birth notification from him or his family

[Hashtaggggg]

FWIW said:

What has the pregnancy (or not) got to do with anything?

Because he has worked 150 hours less than His contract over 8 weeks due to the pregnancy

And is expecting to be paid for the absence

[Black_S3]

You can't just refuse to pay him anymore without sacking him or discussing it with him in advance....... You should already have contracts & policies in place that have the course of action spelled out......

Edited by Black_S3 on Tuesday 18th December 21:25

[matjk]

I don’t get this either , Does it matter why he’s had the time off . He can give any excuse he likes , It matters not , unless he has something in his contract covering getting time off for surporting his wife then they payment would be discretionary, you clearly don’t trust or value him so don’t pay him for the time he hasn’t worked , or am I missing something?

[PAULJ5555]

Hashtaggggg said:

Unexpected Item In The Bagging Area said:

Have you looked for him on social media?

Yes, no birth notification from him or his family

Well send lots of messages of congratulations and comment on his posts about the baby. Family will be confused at the least, someone will question it.

[NikBartlett]

I know somebody who recently blagged several weeks of paternity leave despite having nothing to do with the mother and, it later transpires, it was not actually their kid. He spent the two weeks playing FIFA on his PlayStation !

[PAULJ5555]

NikBartlett said:

I know somebody who recently blagged several weeks of paternity leave despite having nothing to do with the mother and, it later transpires, it was not actually their kid. He spent the two weeks playing FIFA on his PlayStation !

Interesting so you can get 2 weeks off work and then the mother tells you its not your kid. Wonder if you would have to pay the time back.

[Tyre Smoke]

OP,

This employee is on gardening leave until their termination date? But has not honoured the gardening leave, how? Coming into work? Working for someone else?

If they have taken time off for which they have no holiday entitlement and it is not statutory paternity leave, then it HAS to been unpaid leave.

What exactly are you asking here? As far as I see it, pregnancy or no pregnancy are irrelevent.

[Lemming Train]

Hashtaggggg said:

Because he has taken 2 weeks off in the last 6 <rest of sentence is irrelevant>.

[...]

He has not holiday left so in my view this is unpaid absence.

This is the only relevant part in this entire thread. Deduct 2 weeks pay from whatever he is due and send him on his way. If he doesn't agree with the figure, tough st. What's he going to do?