Anyone know about employee rights (maternity)?

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pastryboy
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Joined: Wed Jul 29, 2009 18:55 pm

Anyone know about employee rights (maternity)?

Postby pastryboy » Sat Oct 13, 2012 19:34 pm

My wife was a manager at work full time and went on maternity leave. When she returned she was part time and wasn't able to carry on being a manager so got moved back to being normal sales staff. Because it was a family-firm and she'd been there a long time they let her keep her manager hourly-rate.

A few years later she's had maternity leave again and is due to go back soon part-time again (even less hours). The company (which is under new ownership) has told her she that her salary has to lose the manager rate and drop down to normal sales staff pay.

Is the company entitled to do this? Her hours have changed (new contract?) but she's doing the same job as before for less money.

Thanks

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Waddlie
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Re: Anyone know about employee rights (maternity)?

Postby Waddlie » Sat Oct 13, 2012 19:55 pm

I don't mean to be rude, but is a cycling forum really the best place to ask this question? There's tonnes of info about maternity rights on the internet written by people who know what they're talking about.
2010 Giant Rapid 1 - FCN 7
2009 Specialized Rockhopper Expert - FCN 9

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UndercoverElephant
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Re: Anyone know about employee rights (maternity)?

Postby UndercoverElephant » Sat Oct 13, 2012 20:23 pm

I love it when people say, "I don't mean to be rude, but", it usually ends in either out and out rudeness or the least helpful of responses. This section of the forum is inhabited by all types, at least one of whom will be more than expert in the field, and usually happy to help. It's an off-topic area.

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Waddlie
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Re: Anyone know about employee rights (maternity)?

Postby Waddlie » Sat Oct 13, 2012 20:26 pm

Yeah, fair enough. I retract my earlier comments.
2010 Giant Rapid 1 - FCN 7

2009 Specialized Rockhopper Expert - FCN 9

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Greg T
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Re: Anyone know about employee rights (maternity)?

Postby Greg T » Sat Oct 13, 2012 22:41 pm

Waddlie wrote:on the internet written by people who know what they're talking about.


Arf

Personally I force anyone trying to sell me anything to change a tube and replace a brand new Marathon + Tyre....

If they can pull of that minor miracle I'll suspend my disbelief.

What are you wearing by the way? Gob Bless the Internet
Fixed gear for wet weather / hairy roadie for posing in the sun.

What would Thora Hurd do?

plowmar
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Re: Anyone know about employee rights (maternity)?

Postby plowmar » Sun Oct 14, 2012 18:26 pm

Back to the original query. I think you touched on the answer in your final paragraph. New contract!!

After first child the fitm had to give her a new contract as her hours had changed from presumably full time previously and at that time the firm decided her hourly rate would remain unchanged.

After second child again hours changed therefore new contract but this time new owners wanted her to work at the normal job rate, with perhaps an enhancement re experience and not just at basic, if she signed then I don't beleive there is any comeback, negotiation should have been before signing.

After all the hours reduced have to be made up by someone.

twoshots
Posts: 56
Joined: Wed Jun 27, 2012 10:10 am

Re: Anyone know about employee rights (maternity)?

Postby twoshots » Mon Oct 15, 2012 07:54 am

I'll just throw you a few links, you'd best decide if you fit the patterns of the prevous questions. I would say at this stage that she is entitled to keep her salary as her job role doesn't seem to be changing. In my view they agreed to her salary after the last maternity leave, if her job is unchanged on return this time then they cannot force a pay cut (per hour) for the same job without her agreement. If the job is changing then they can reduce the salary however they should be giving her a similar job and pay. Also watch out for Ordinary Maternity Leave and Additional Maternity Leave the rules are subtly different I believe. You'll have to go to an employment tribunal if it can't be resolved amicably.

http://www.workingmums.co.uk/advice-and ... pert.thtml

http://www.workingmums.co.uk/advice-and ... pert.thtml

http://www.personneltoday.com/hrspace/f ... 10350.aspx

http://www.money.co.uk/article/1003397- ... ay-cut.htm

Drfabulous0
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Joined: Mon Sep 26, 2005 11:45 am

Re: Anyone know about employee rights (maternity)?

Postby Drfabulous0 » Mon Oct 15, 2012 11:46 am

Went through this exact thing with my wife's old employer, the hours were reduced as part of the Flexible working for working parents, they did not want to do it but in the end we went through a tribunal which judged that they had no choice.

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The Rookie
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Re: Anyone know about employee rights (maternity)?

Postby The Rookie » Mon Oct 15, 2012 15:13 pm

Is the new reduction in hours voluntary or are they being imposed?

If they are voluntary then I believe the company is at liberty to renogiate all T&C's at the same time.

If they are being imposed it's a whole new kettle of fish.

Did she ever get a new contract for the first loss of hours?


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