Maternity + holiday question

[zomex]

Hello,

Asking a question on behalf of my wife.

Before maternity she worked 37.5 hours a week. During the year she accumated holiday which works out at 3.1 weeks at 37.5 hours/week.

Since maternity she has decided to go back to work 1 day a week so a change of contracts.

While the holiday was accumated during her full time contract the company is saying that she is only entitled to holiday based on her new contract (to confirm it was accumated during her full time contract) which works out at 8 hours per week.

I would appretiate anyones help as to whether or not this is legal.

Many thanks.

 

[Frank the Insurance guy]

This is one for @Newchodge - I'm sure she'll be along in a minute to help.

 

[Newchodge]

Hello,

Asking a question on behalf of my wife.

Before maternity she worked 37.5 hours a week. During the year she accumated holiday which works out at 3.1 weeks at 37.5 hours/week.

Since maternity she has decided to go back to work 1 day a week so a change of contracts.

While the holiday was accumated during her full time contract the company is saying that she is only entitled to holiday based on her new contract (to confirm it was accumated during her full time contract) which works out at 8 hours per week.

I would appretiate anyones help as to whether or not this is legal.

Many thanks.

She has 3.1 weeks accumulated holiday (plus holiday accumulated during her maternity leave). If she takes a week off she gets paid at the average of the previous 52 worked weeks (not including the time on maternity leave. So if she were paid a full time wage for 50 of the last 52 weeks before taking her holiday, she gets paid at nearly full time.

 

[zomex]

She has 3.1 weeks accumulated holiday (plus holiday accumulated during her maternity leave). If she takes a week off she gets paid at the average of the previous 52 worked weeks (not including the time on maternity leave. So if she were paid a full time wage for 50 of the last 52 weeks before taking her holiday, she gets paid at nearly full time.

Many thanks for your reply. My wife's reply below:

Hello thank you for your reply

To give you more information I went on maternity leave November 2021 and came back early in August 2022

The company year starts April 2021 to April 2022 which I used all my holiday before going on maternity leave in November 2021

I'm owed 15 hours between November 2021 to April 2022 as statutory top up and I'm owed holiday from April 2022 to August 2022 at 37.5

However when I phone them up they say this will be taken as 8 hours as my new contract has started at 8 hours
But I wanted to use my holiday before going back to work and work are saying I'm only entitled to holiday from bow on an 8 hour contact

Is this correct?

 

[IanSuth]

Many thanks for your reply. My wife's reply below:

Hello thank you for your reply

To give you more information I went on maternity leave November 2021 and came back early in August 2022

The company year starts April 2021 to April 2022 which I used all my holiday before going on maternity leave in November 2021

I'm owed 15 hours between November 2021 to April 2022 as statutory top up and I'm owed holiday from April 2022 to August 2022 at 37.5

However when I phone them up they say this will be taken as 8 hours as my new contract has started at 8 hours
But I wanted to use my holiday before going back to work and work are saying I'm only entitled to holiday from bow on an 8 hour contact

Is this correct?

What date is on the confirmation of a new contract at 8 hours per week ? If it is August 22 then in my mind definitely the period from Apr22 to Aug 22 is covered by the existing FT contract, if she signed something whilst on maternity leave saying she was changing to a PT 8hr per week contract effective some other date then that might change things but IANAL

And check whether your household insurance gives you personal legal expenses as if so it might be worth giving them a call

 

[Newchodge]

Many thanks for your reply. My wife's reply below:

Hello thank you for your reply

To give you more information I went on maternity leave November 2021 and came back early in August 2022

The company year starts April 2021 to April 2022 which I used all my holiday before going on maternity leave in November 2021

I'm owed 15 hours between November 2021 to April 2022 as statutory top up and I'm owed holiday from April 2022 to August 2022 at 37.5

However when I phone them up they say this will be taken as 8 hours as my new contract has started at 8 hours
But I wanted to use my holiday before going back to work and work are saying I'm only entitled to holiday from bow on an 8 hour contact

Is this correct?

I have given my advice. As an alternative use household legal insurance to get a view.

 

[HFE Signs]

Hello,

Asking a question on behalf of my wife.

Before maternity she worked 37.5 hours a week. During the year she accumated holiday which works out at 3.1 weeks at 37.5 hours/week.

Since maternity she has decided to go back to work 1 day a week so a change of contracts.

While the holiday was accumated during her full time contract the company is saying that she is only entitled to holiday based on her new contract (to confirm it was accumated during her full time contract) which works out at 8 hours per week.

I would appretiate anyones help as to whether or not this is legal.

Many thanks.

 

[HFE Signs]

Does the maternity leave span into a new holiday period? It’s quite normal for companies not to allow holidays to be rolled over into the following year.

 

[zomex]

Thanks for your replies everyone.

The situation gets a bit crazier as my wife is certain that no contact has been signed recently. She has been working there for many years and signed an initial contact when she started part time. Then went to full time for many years then to the new 1 day a week. I am not sure exactly where the law sits with this situation.

The company in question is Marks & Spencer. Seems very professional from the outside but from the inside I have seen just how unprofessional of a company they have been.

> Does the maternity leave span into a new holiday period? It’s quite normal for companies not to allow holidays to be rolled over into the following year.

This is true but M&S state within their policy that they do roll it over.

 

[BeauLacey]

However when I phone them up they say this will be taken as 8 hours as my new contract has started at 8 hours

Is this correct?

I think you have miss understood them. They are saying it will be taken based on the new contract, so being paid at 8 hrs per wk. As she only works 1 day a week she will have many weeks before she needs to return to work.
Have you asked them to confirm the total number of hours she has to take?

The holiday she accrued prior to and whilst on maternity is based on the old 37.5 hr contract.
Roll over of holiday is protected for those on maternity. It must be allowed.

 

[zomex]

I think you have miss understood them. They are saying it will be taken based on the new contract, so being paid at 8 hrs per wk. As she only works 1 day a week she will have many weeks before she needs to return to work.
Have you asked them to confirm the total number of hours she has to take?

The holiday she accrued prior to and whilst on maternity is based on the old 37.5 hr contract.
Roll over of holiday is protected for those on maternity. It must be allowed.

I believe the confusion is on their side. She has already returned to work and on the phone she was told that there the holiday she built up while full time is going to be using the new 8 hours a week.

This goes against their own maternity policy which states holiday will be rolled over.

It looks like we will be taking legal action against M&S. From what I have read and seen it is not uncommon for companies to try and get away with stealing holiday related to maternity. Even my cousin had to take her employer to court for the same reason.

 

[Newchodge]

Thanks for your replies everyone.

The situation gets a bit crazier as my wife is certain that no contact has been signed recently. She has been working there for many years and signed an initial contact when she started part time. Then went to full time for many years then to the new 1 day a week. I am not sure exactly where the law sits with this situation.

The company in question is Marks & Spencer. Seems very professional from the outside but from the inside I have seen just how unprofessional of a company they have been.

> Does the maternity leave span into a new holiday period? It’s quite normal for companies not to allow holidays to be rolled over into the following year.

This is true but M&S state within their policy that they do roll it over.

That's a relief as the only reason holiday needs rolling over is because it could not be taken because the employee was on holiday leave. Very basic illegal pregnancy discrimination not to allow roll over.

 

[ethical PR]

Thanks for your replies everyone.

The situation gets a bit crazier as my wife is certain that no contact has been signed recently. She has been working there for many years and signed an initial contact when she started part time. Then went to full time for many years then to the new 1 day a week. I am not sure exactly where the law sits with this situation.

The company in question is Marks & Spencer. Seems very professional from the outside but from the inside I have seen just how unprofessional of a company they have been.

> Does the maternity leave span into a new holiday period? It’s quite normal for companies not to allow holidays to be rolled over into the following year.

This is true but M&S state within their policy that they do roll it over.

Why doesn't your wife call the free ACAS employment helpline

 

[zomex]

Many thanks everyone.

My wife has now been paid in full. Eventually a new area manager took over who knew what she was doing and what my wife was entitled to.