Maternity pay????

[MikoRogerson]

Re: Maternity pay????

I have emailed the owner of the company this morning as it has now been an entire week and i still haven't heard anything about any progress on this situation. I cannot make phonecalls to HR or anybody because my phone no longer makes or receives calls as the payment failed due to this issue. I am going to email them when i receive the relevant addresses. This is so out of order, and after my hospital appointment this morning, i can't handle it. I am now at risk of going into stress related labor.

[mariefab]

Re: Maternity pay????

If you feel like sending them a stronger email, how about this...

I have now brought to your attention on several occasions that you failed to pay me on, or since, 31/12/15.
This failure constitutes an unauthorised deuction from wages contrary to section 13 of the Employment Rights Act 1996.
In my (4 year) experience with this Company any pay problems have been resolved within 24 hours.
I haven't been given a reason for the current continuing failure to pay me.
The only different circumstance, from the earlier pay problem occasions, is that I am on maternity leave.
If this is the reason for your failure to pay me that would be discrimination contrary to the Equality Act 2010.

[MikoRogerson]

Re: Maternity pay????

Thank you Marie, i have saved a very similar email in my drafts, if nobody replies to my previous email i will send it later this afternoon.

[mariefab]

Re: Maternity pay????

Add to that email...

As a direct consequence of your failure to act I am at risk of an early stress-related labour.

[shegerianlaw]

Re: Maternity pay????

Send them a mail and told them if you will not pay my salary and other allowance then I will take a legal action against you and similarly you must contact with expert employment lawyer and get suggestions about it.

[MikoRogerson]

Re: Maternity pay????

I have a very long, very detailed email waiting in my drafts for tomorrow, when nobody replies to todays email.

[mariefab]

Re: Maternity pay????

Oops, I missed out that the relevant sectionof the Equality Act is s.18.

[Amethyst]

Re: Maternity pay????

I have a very long, very detailed email waiting in my drafts for tomorrow, when nobody replies to todays email.

Can't beat a bit of optimism xxx

If you get nowhere then you could try giving ACAS a call - 0300 123 1100 (8am-8pm Monday to Friday and 9am-1pm Saturday) and tell them your employer has failed completely with regards your maternity leave and pay despite you having followed procedures and done everything correctly regarding notification.

Are you wanting to return to this job after your maternity leave btw ?

There are things you can do, like taking them to a tribunal for unlawful deduction of wages etc, but I think it is a little bit early for that.

Did you find HR's phone number ?
edit:

I cannot make phonecalls to HR or anybody because my phone no longer makes or receives calls as the payment failed due to this issue.

Ahh. bugger.


I wonder if you might be eligible for an emergency payment - do you get any tax credits / income support etc ?

[MikoRogerson]

Re: Maternity pay????

I'm going to call them if they don't reply to the emails i have sent this afternoon.
I was intending to return to the job as i love it, but after all of this hassle I'm beginning to wonder if it's even worth it!
You guys have been a lot of help, thank you all! Will keep you updated x

[Amethyst]

Re: Maternity pay????

I added a little bit to my last post after I read back a bit more.

So it is quite tight on the £112 minimum income -
Are you on any benefits ? - as back up it might be worth enquiring about an emergency payment ...


Maternity Allowance from Jobcentre Plus. MA is a weekly payment that you may be able to get if you have been employed or self-employed for some of the time during and before you became pregnant and your earnings for part of that time were at least £30 a week.
If you are not entitled to get either SMP or MA, you may be able to get some Employment and Support Allowance instead.
If you or your partner are getting Income Support, income-based Jobseeker’s Allowance, Pension Credit, Child Tax Credit at a rate higher than the family element or Working Tax Credit where a disability or severe disability element is included in the award, you may be able to get a Sure Start Maternity Grant from the Social Fund.

[Amethyst]

Re: Maternity pay????

Just on the calcs - this is the gov.uk guidance on calculating - it must be above £112

If you are paid monthly

All the pay you get in the 2 months up to and including the last normal pay day before the end of the qualifying week will count. If you are paid once each calendar month, for example on the last working day of the month or on the same date each month, your employer will usually add together all the pay you received in these 2 months, divide by 2, multiply by 12 and then divide by 52 to give your average weekly earnings.

If you are paid monthly but are paid in multiples of a week (for example, on the last Friday of each month), your employer will usually add together all the pay you received in these 2 months and divide the total by the number of weeks covered by the payments to give your average weekly earnings.

Qualifying week is 15th week before the week your baby is due xx

[mariefab]

Re: Maternity pay????

I agree that it's too soon to claim for unathorised deductions and if they do pay a week or so late that claim would disappear anyway.
However, given that they usually resolve pay problems within 24 hours, late payment won't resolve the maternity discrimination claim.
They are going to need a pretty solid reason. Something like their bank accounts were frozen and every time someone turned up at Milo's with cash there was no-one at home and for some reason Milo doesn't have a letter box.

[mariefab]

Re: Maternity pay????

Amethyst, Milo's average during the qualifying period was around £133. So, no SMP problem.