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Disputed Maternity Pay

  • 14-01-2015 4:46pm
    #1
    loraphelan
    Registered Users, Registered Users 2 Posts: 19 ✭


    Hi,

    I am with my current employer for 10+ years. They were taken over 2 years ago by a sister company. Previous employees from my original company were paid maternity pay, however I have just been informed that I will not be. I was of the understanding that I would be paid.

    While it is not in my contract to be paid, could I have a case due to bullying/victimisation?

    I was over-looked for promotion without interview a few months ago, and voiced my concerns at the time also (before pregnancy)

    Do I have any legal stance here, or is it a case of trying to appeal to their better nature.

    Thanks!


Comments

  • #2
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    loraphelan wrote: »
    Hi,

    I am with my current employer for 10+ years. They were taken over 2 years ago by a sister company. Previous employees from my original company were paid maternity pay, however I have just been informed that I will not be. I was of the understanding that I would be paid.

    While it is not in my contract to be paid, could I have a case due to bullying/victimisation?

    I was over-looked for promotion without interview a few months ago, and voiced my concerns at the time also (before pregnancy)

    Do I have any legal stance here, or is it a case of trying to appeal to their better nature.

    Thanks!

    Employers are not required to pay maternity leave unless they agreed to in your contract. You don't have a legal stance here, You will have to look up the definition of workplace bullying and victimisation to see if it applies to you, but an employer not doing something that is not legally required is probably not evidence of it.

    As for promotion, unless you were discriminated against on the grounds of sex/marital status/ ethnic group/religion etc may be difficult to prove they did anything wrong.


  • #3
    Diziet
    Registered Users, Registered Users 2 Posts: 831 ✭✭✭Diziet


    OP, I would go and take some legal advice here - if other employees were paid, then that does not look right to me.


  • #4
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    Diziet wrote: »
    OP, I would go and take some legal advice here - if other employees were paid, then that does not look right to me.

    "Previous employees" may have had a clause in their contracts agreeing to maternity pay, OP states that she definitely does not.


  • #5
    loraphelan
    Registered Users, Registered Users 2 Posts: 19 ✭loraphelan


    davo10 wrote: »
    "Previous employees" may have had a clause in their contracts agreeing to maternity pay, OP states that she definitely does not.

    Thanks for reply, I know for definite that one employee had the same contract as me, as we started within 1 week of each other. She was refused pay, but fought internally and won. My problem is that alot of management that was in previous company were let go, so I have mo one to back me up


  • #6
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    loraphelan wrote: »
    Thanks for reply, I know for definite that one employee had the same contract as me, as we started within 1 week of each other. She was refused pay, but fought internally and won. My problem is that alot of management that was in previous company were let go, so I have mo one to back me up

    Has she left the company? Is there anyone still working there who has the same contract as you but was paid during maternity leave? Also be aware that an employer can continue to pay but the employee signs over the maternity benefit to the employer so that it looks as if employer is paying but they actually aren't. If the company was taken over, the new owners must follow TUPE regulations. I still think you face an uphill battle if your contract states that you are not paid during maternity leave and the law states that employers are not required to pay.


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