Employment Lawyers Can Answer Your Employment Law Questions
Hello what does your contract entitle you to in the circumstances?
So nothing to do with enhanced maternity pay or company maternity pay?
Thank you. Your rights in this situation will really depend on what is in your contract as that would be the master reference as to what you are entitled to in your employment. I understand that the employer has given you a different figure but errors do happen and you would not generally be entitled to profit or take advantage of what was a genuine error by them. The reference to that would have been your contract – if the contract clearly gave you a different entitlement to what the employer advised you you would get, then this should have been challenged. Not only that but it also provides an argument for them that the information they gave you was a genuine error because it clearly does not match what is in the contract. If the contract was silent on the subject or it matched the entitlements you were given, then your argument would have been stronger but when there is a clearly different entitlement under contract compared to what you were told by them later on, then if this was an error, the master reference would be the contract which is what defines your contractual and legal rights in the workplace. It I unfortunate but as mentioned errors can and do happen and as long as they are corrected and you are advised of what the correct entitlement is and that matches what is in your contract then they can correct their initial error.
This is your basic legal position. I have more detailed advice for you in terms of the options you have to challenge this further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Yes I understand it is a difficult position. You can still try and challenge their decision by raising a formal grievance with the employer - you have nothing to lose by doing so and yo never know what the outcome may be. You can also appeal their decision. However, if that is rejected then you should think carefully before you consider any legal action because I would say it will be a risky thing to do
yes they have a duty but that does not mean paying you for something which you are not legally or contractually entitled to
you are welcome, glad at least you know your legal position, even if it i not the answer you were hoping for. All the best