Posted: Wed Nov 26, 2008 5:57 pm
Post subject: Maternity Rights
I don't know if any of you can help. I am new on here!!!! I work in a hotel fulltime. I have been there for a year and a half, but i have never been given a contract despite asking on numerous occasions. I also never even had a letter for offer of employment. (The managers excuse is she starting re-writing it before she went on maternity herself 2 yeras ago and has never finished it)
I am 20 weeks pregnant with my third and I know already that i cannot afford to return to this particular job after my maternity, but my work are being very nasty about it. The first thing they said to me was that if i dont come back they can make me repay some of my maternity pay. According to this website if i hand in my notice as normal whilst on my maternity i do not have to repay any money unless previously agreed in a contract (which i have never had). Has anyone else been in a similar situation or do any of you know who is in the right or wrong?
Also they are now talking with their lawyer to find out their rights which scares me really!!
Posted: Wed Nov 26, 2008 9:01 pm
Hi Angel - will you be on SMP or a company maternity package? My understanding is that they are leagally bound to pay SMP and you do not have to pay this back if you leave. However if they pay you more as part of a company maternity package, they can ask you to pay this back. With regards to a contract, if you've been working there and paying tax etc for 17 weeks you have a verbal contract - its called a 'contract by performance'.
I can't stand employers who mess pregnant women around! As if we don't have other things to worry about!
I hope it works out - speak to the CAB - they can give you good advice plus the law is generally on our side (as it shoudld be!)