Hello, is the occupational maternity pay an entitlement under your contract?
What were you doing in the time between the training and the start of the role?
ok thanks I will reply later this afternoon as I am on the move at present, thank you
Hi there, my apologies for not being able to reply until now. For some reason your question had dropped off my waiting list so I had no idea it was still an outstanding one. I believe it was a system issue so technical side are looking into it.
Going back to your original query, the fact that you did a few days’ training for them does not mean that this is when you started your employment for them unfortunately. You were clearly employed to start work in July and that is what is reflected on your contract. Undertaking some mandatory training beforehand does not mean your contract of employment had started at that earlier date and being paid could be seen as compensation rather than as payment under a contract of employment. Also there is no requirement for there to have been a formal termination, especially if there was no formal agreement to start working beforehand, which as mentioned training would not automatically amount to. Also a gap of at least 1 week not working under a contract could legally break continuity and as it was clearly intended that you were going t be working in the time between training and the official start of the contract. So all in all it may be difficult to make a legal claim over this – of course you have the right to appeal and have nothing to lose by doing so but I that is also rejected then legally pursuing it could be challenging.
I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
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You can pass it on to me and I will submit a query on your behalf. I can assure you that such issues are rare though. Thanks for your understanding