Suspension and Maternity

[Anon7070]

I work for the NHS and was investigated starting March 2024 for alleged gross misconduct. This happened as a result of me Whisteblowing. The trust are now trying to claim concerns were raised about me first with no proof.

Grievance raised March 2024 also with breaches of policy because of 4 months to do a informal grievance, 8 weeks for formal grievance and I’ve been waiting 9 months for an appeal date.

To date I’m still waiting for a disciplinary hearing that’s a wait of 16 months.

I went on maternity leave in October 2024 and being prevented from returning.

Many failures to follow due process including leaving me from March to June not suspended but not allowed in to work.

Bullying and harassment. Evidence of pregnancy, disability and Whisteblowing discrimination.

This has left me in severe hardship as well because I may have to pay back enhanced maternity pay if I’m dismissed which wouldn’t have happened had they not had these long delays. Not allowed to do KIT days so can’t earn more money.

When I went on maternity leave did my suspension end?

If it didn’t end should I have remained on full pay if they wanted to restrict me still?

Theres been no duty of care and I’ve been treated horrifically.

[ULA]

In respect of the specific questions you have asked.

Going on maternity leave does not automatically end a suspension unless your employer formally lifts it. However you should not be treated less favourably. If the suspension was on full pay, you should continue to receive full maternity pay (statutory or enhanced, depending on your contract).

If your employer still wishes to restrict your return after maternity leave, they must justify that decision and follow a fair procedure.

You should still be entitled to Keeping in Touch (KIT) days unless there’s a valid reason to withhold them with reference back to the suspension.

If your suspension was related to alleged misconduct, your employer must still follow a fair and timely disciplinary process, even during or after maternity leave. Long delays, especially without communication or resolution, could amount to a breach of trust and confidence or even discrimination, particularly if pregnancy or whistleblowing is involved

[Anon7070]

I was told by my union on maternity leave I wouldn’t be under suspension?

I was on full pay during the suspension and it started off as enhanced maternity pay and is now at statutory maternity pay. How is it possible to be suspended and receive less than full pay regardless of maternity leave?

This has all gone on for 16 months and still isn’t resolved neither the grievance or disciplinary.

I haven’t been allowed to do KIT days which means I’ve been prevented from earning more money.

[ULA]

It can be a grey area, however as I have stated unless you employer lifted your suspension then you would remain on suspension during your maternity leave.

A period of suspension entitles an employee (unless otherwise stated on the contract of employment) to receive the pay and benefits due at that time, therefore when you went on maternity leave your payments would revert to your maternity pay rates. I am not aware of any case law that sets out this is not the case.

If you have been suspended then KIT days could potentially be an issue as you would not be able to work due to the suspension. Have you confirmed that is the reason for not being allowed to attend on KIT days. You should also be aware that offering KIT days is optional for employers.