Maternity Pay - Company unilaterally changing policy

S

Sasha

Guest
Hi,

I am due to go on maternity leave in a few weeks and my company have known this for a number of months now.

Their old maternity policy was to pay a contribution to supplement the maternity pay received from the social welfare.

Now, with only a few weeks to go for me, they have changed their policy (effective immediately), adding the clause that you have to return to work for 6 months following your maternity leave or reimburse the amount of their contribution to them.

I was wondering if anybody might know if I have any legal right to follow the old policy considering that was the one in place when I informed them of my leave?

Thanks!
S.
 
Re: Maternity Pay - Policies Changing

Sasha said:
Now, with only a few weeks to go for me, they have changed their policy (effective immediately), adding the clause that you have to return to work for 6 months following your maternity leave or reimburse the amount of their contribution to them.
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Was the old policy detailed in your contract of employment? If so did they negotiate a new contract of employment with you covering the new policy? If they did not then they cannot alter the terms & conditions of your contract of employment as far as I know.
 
Re: Maternity Pay - Policies Changing

I'm not sure, will check my contract but I think it says just something about me being bound by company policies.
 
Re: Maternity Pay - Policies Changing

If the contract of employment doesn't go into detail and just refers to company policies (and most likely states that these may vary from time to time or something like that) then I doubt that there is any breach of contract or any obvious comeback for you on this. DETE can apprise you of your statutory entitlements. For advice on your supplementary contractual entitlements you may need to talk to a solicitor.
 
Re: Maternity Pay - Policies Changing

Do you intend going back to work after your maternity leave?
 
Re: Maternity Pay - Policies Changing

Checked my contract last night, it actually makes no reference to Maternity Policy or any other company policy at all. Reference is made to sick leave but that's it really.

I am hoping to return to work but there is a very strong chance that it will not work with my personal circumstances (long commute, long working hours, high stress) so my only option given that possibility would be to keep the company's contribution aside on the chance that I will have to give it back to them. As such their contribution would be of no use to me during my leave.

Thanks, S.
 
Re: Maternity Pay - Policies Changing

Sasha said:
Checked my contract last night, it actually makes no reference to Maternity Policy or any other company policy at all. Reference is made to sick leave but that's it really.
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Sounds to me like you don't really have any comeback on this so. However check with a solicitor if in doubt.
As such their contribution would be of no use to me during my leave.
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If you are not maximising your SSIA contributions then you could use the employer maternity payments to maximise these and gain the benefit of the top-up and then repay them when the SSIA matures.
 
Re: Maternity Pay - Company unilateraly changing Policy

Hi Sasha,

Are you a member of a Trade Union? They are very well versed in these type of issues.

As Clubman said it might be worth consulting an employment solicitor.

How do the company propose to enforce the reimbursement? If they attempt to deduct from your wages with out your agreement they might be in breach of regulations.

Have any other employee T&Cs been changed like this. There could be an equality angle here if it can be shown that this change in policy only affects women.

aj
 
There could be an equality angle here if it can be shown that this change in policy only affects women.
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That's strange logic. The benifit only directly affects women so logically the removal of it only directly affects them as well.
I can't see the problem with the companys positon on this. It seems perfectly reasonable to me.
 
No, I'm not part of a trade union. As for enforcement, I'm really not sure how they'd go about it.

Anyway, thank you for your respective advice, I'll have to have a think about it to see how I progress from here.

S.
 
Re: Maternity Pay - Company unilateraly changing Policy

ajapale said:
How do the company propose to enforce the reimbursement? If they attempt to deduct from your wages with out your agreement they might be in breach of regulations.
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I'm curious about that too!
That's strange logic. The benifit only directly affects women so logically the removal of it only directly affects them as well.
I can't see the problem with the companys positon on this.
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Me neither - i.e. I can't see how this could possibly be an equality issue.

You should consult with a solicitor - an initial consultation will probably be all that's needed to figure out whether or not there are any grounds for objection here and that shouldn't cost much if anything.
 
Your CONTRACT OF EMPLOYMENT
Must include:

Method of calculation of remuneration
Payment intervals
Hours of work / overtime requirements
Details of rest periods and breaks
Holidays / paid leave
Sick pay / pensions (when applicable)
Notice requirements
Reference to collective agreements

Should also include:

Probationary Period
Flexibility/Interchangeability
Requirement regarding shift working
Provision for lay-off/short-time
Right of Search
Grievance Procedure
Company rules and regulations
Deductions from pay

Since maternity pay arrangements are a type of leave they must be included in your contract of employment. Any attempt to change the contract of employment would have to be done by mutual negotiation.



BiNomial
 
Binomial said:
Your CONTRACT OF EMPLOYMENT
Must include:

Method of calculation of remuneration
Payment intervals
Hours of work / overtime requirements
Details of rest periods and breaks
Holidays / paid leave
Sick pay / pensions (when applicable)
Notice requirements
Reference to collective agreements


BiNomial
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From what is "must include" derived ? Best practice or legistlation...
 
Leglislation I think!

see here

Anyone who works for an employer in Ireland for a regular wage or salary automatically has a contract of employment, regardless of whether it is written or not.


The contract will include some or all of the following elements (regardless of whether the employer and employee have specified them or not):
  • The terms that the courts say are in every contract of employment. Examples include the duty of every employer to provide a safe workplace and the duty of every employee to carry out the job to the best of his/her ability. This part of the contract is occasionally referred to as "common law".
  • Terms that must be part of the contract as a result of laws passed by the . Examples include the right to take . Such terms are part of the contract even if the employer and employee do not specifically include them and replace any agreement between the employer and employee not to apply the particular law. So, the statutory right to take maternity leave overrides any agreement between the employer and employee that the employee will not take maternity leave.
  • Terms that the states must be in every contract, for example, the right of an employee to join a .
  • Collective agreements
  • Joint Labour Committee Regulations
  • EU laws
In addition, custom and practice in a particular workplace may form part of a contract. An example would be a particular level of overtime pay for employees.
Click to expand...

Note that this extract explicitly mentions maternity leave. And also something I didnt notice earlier that ....custom and practice in a particular workplace may form part of a contract.

So if it was the custom and practice for the company to provide top up maternity pay then this is in the contract of employment.

BiNomial
 
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