Contractual Maternity Pay and Notice Period
Discussion
My wife is currently on Maternity, due to return in the New Year. She has made a formal application for flexible working but this has been declined. We may yet challenge that on the basis that the reason for decline isn't on the list of reasons they are allowed to give, am about to consult a lawyer.
Before we do that though we are both realists, and know that my wife's boss is a nightmare, and if we did 'win' any return on a forced flexible basis would make the missus' life hell. She doesn't really enjoy the job, life is too short etc, so she is considering just getting out of there as soon as she can.
However she also qualifies for some Golden Handcuffs - 6 weeks' Contractual Maternity Pay - payable after return to work for 3 months. Irrespective of all the other issues (childcare/travel costs wiping out most of her salary she will earn in that period) she has taken a lot of grief from this employer over many years and has her eye on the prize - she wants that bloody money, she feels she has sweated blood to earn it.
The complicating factor is she is also contracted to give 3 months notice if she wants to leave. We are of the view that she can go back, work for a day, then give her 3 months notice. As she'll have done 3 months and a day, they have to cough for the CMP. The maternity policy says "Contractual maternity pay is paid if the employee returns to work and completes three months’ service. Payment will be made in the month following completion of the three months’ service.". There is no reference to "as long as notice is not given during this time".
My view is that they have a (poorly written) maternity policy that needs to apply to all employees, but doesn't take into account that some people like my wife in management roles are tied to longer notice periods. Most other employees (non-management) are on 1 month notice, hence you could see why the policy would work in the employer's favour for those people.
At the meeting she had with the employer to discuss flexible working she tried to nail them on this point but all they would say is that she had to do 3 months and then give notice to get the payment, and "it wouldn't be looked on well" if she did anything else. We took that as a veiled threat that they knew they are on a sticky wicket legally, but would perhaps give a bad reference. They obviously didn't say that outright, but the implication was fairly clear. It's a public sector job.
Anyone been in a similar situation and had to test this?
ETA: I know this is really a Q's for a good employment lawyer, but want to see if any PH'ers have had similar, before I enter into said discussions
Before we do that though we are both realists, and know that my wife's boss is a nightmare, and if we did 'win' any return on a forced flexible basis would make the missus' life hell. She doesn't really enjoy the job, life is too short etc, so she is considering just getting out of there as soon as she can.
However she also qualifies for some Golden Handcuffs - 6 weeks' Contractual Maternity Pay - payable after return to work for 3 months. Irrespective of all the other issues (childcare/travel costs wiping out most of her salary she will earn in that period) she has taken a lot of grief from this employer over many years and has her eye on the prize - she wants that bloody money, she feels she has sweated blood to earn it.
The complicating factor is she is also contracted to give 3 months notice if she wants to leave. We are of the view that she can go back, work for a day, then give her 3 months notice. As she'll have done 3 months and a day, they have to cough for the CMP. The maternity policy says "Contractual maternity pay is paid if the employee returns to work and completes three months’ service. Payment will be made in the month following completion of the three months’ service.". There is no reference to "as long as notice is not given during this time".
My view is that they have a (poorly written) maternity policy that needs to apply to all employees, but doesn't take into account that some people like my wife in management roles are tied to longer notice periods. Most other employees (non-management) are on 1 month notice, hence you could see why the policy would work in the employer's favour for those people.
At the meeting she had with the employer to discuss flexible working she tried to nail them on this point but all they would say is that she had to do 3 months and then give notice to get the payment, and "it wouldn't be looked on well" if she did anything else. We took that as a veiled threat that they knew they are on a sticky wicket legally, but would perhaps give a bad reference. They obviously didn't say that outright, but the implication was fairly clear. It's a public sector job.
Anyone been in a similar situation and had to test this?
ETA: I know this is really a Q's for a good employment lawyer, but want to see if any PH'ers have had similar, before I enter into said discussions
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