Maternity discrimination?

[Mark123]

Hi,

I need advice regarding maternity/ bank holidays.

I am in the company for around 4y. I am entitled to 24 days holiday + 8 bank holidays, we can use holidays between Januar and December.
In mid April.2018 my maternity started I had returned to work in mid April 2019 part-time for 3 days (Mon-Wed). I have had carried over 12 days from 2018, and my employer calculated for me 10 days for Jan-April 2019 and 7 days for April-Dec 2019 - without bank holidays.
Recently, I'd found out that they should include also the bank holiday, so I gave them information founded on citizens advice website.

Holiday
You build up holiday as normal while you’re on maternity leave.
If you can’t take your holiday because you’re on maternity leave, your employer should let you carry over up to 5.6 weeks of unused days (28 days if you work 5 days a week) into your next holiday year.
Bank holidays
You shouldn’t lose out on bank holidays while you’re on maternity leave. You should build up the same number of days off as if you’d been working - including bank holidays.
Example
Priya gets 25 days of holiday a year, plus 8 bank holidays. She takes a year of maternity leave. When she returns to work she’s built up 33 days of holiday.
Amy gets 30 days of holiday a year, but she doesn’t get bank holidays off. She takes a year of maternity leave. When she returns to work she’s built up 30 days of holiday.

They came back to me with an extra 2 days for bank holidays calculated pro-rata so total 32 days is that correct?

I think it should be:
12 days + 6 bank holidays (maternity leave) for the year 2018
7.5-8 days + 1 bank holiday (maternity leave) for Jan-April 2019
7 days + 2 bank holidays (part-time) for April-Dec 2019(not sure how to calculate bank holidays pro-rata for part-time) = 27 days + 9 bank holidays.

What is more, they told me that they will pay (there is no information in my contract that they can do it) me for 12 days which was carried over, as they can't allow taking such many days due to my part-time.

English is not my mother tongue; please excuse any mistakes I have made.

Markella

[ULA]

If the 12 days carried forward from 2018 did not include the bank holidays then you are entitled to a further 5 bank holiday days, if your maternity leave started mid-April 2018. These bank holiday will have been for:

May Day - 7 May
Spring - 28 May
Summer - 27 May
Christmas - 25 Dec
Boxing Day - 26 Dec

For this year your holiday entitlement for the period of Jan to mid-April should be calculated as:

24 (days holiday) /12 (months) x 3.5 (months Jan to mid-April) = 7+1 bank holiday (1 Jan). This assumes you returned work before the 2 bank holidays in April.

For mid-April to Dec on a pro rata basis the calculations is:

24 (days holiday) / 5 (days) x 3 (days you actually work) = 14.5 which gives your annual entitlement which then needs to be pro-rata for the period mid-April to Dec a calculation of:

14.5 (days holiday) / 12 (months) x 8.5 (months mid-April to Dec) = 10.5

For bank holidays from mid-April to Dec (again assuming you returned before the April bank holidays) there is 7 and pro-rata this is 4.5 days (8 bank holidays / 5 days x 3 days you actually work) from which you need to take off those that are on a Mon as this is a day you work of which there are 4 so you therefore have 0.5 days holiday remaining to add to your annual holiday entitlement.

This means the following:

2018 carry forward = 12 days plus 5 bank holidays

2019 Jan - mid-April = 7 days plus 1 bank holiday

2019 mid-April to Dec = 11 days plus the bank holidays that fall on a Mon.

In terms of receiving payment the company cannot pay employees in lieu of their statutory annual leave entitlement except on termination of the employment. In your situation your holiday entitlement is more than statutory entitlement which is 20 days, so they can pay you for four days but the remaining day should be taken as holiday.

Hope that all helps

[Mark123]

Hi Ula,

Thank you for your reply.

So they calculated my entitlement 2 times incorrectly..., what is more one of the managers told me. 'don't get pregnant again, it is complicated' which suppose be a joke to the above, it was the only once and he apologises after my work colleague told him about it, but it has upset me and I am not sure what to do.

Is there a point to make it formal or better informal complaint, in writing or not? what you can suggest.

thanks,
Markella

[ULA]

I believe that their calculation are incorrect based on what I have worked it out to be.

I would always suggest that people start on the informal route first and then proceed on a formal basis if necessary. The manager did apologise however as a manager he should not be saying things like that to a female member of staff.