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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47381
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have put in a formal grievance with my employer to

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I have put in a formal grievance with my employer for entitlement to occupational maternity pay. They have closed my grievance without a formal meeting or formal representation. My contract date is 20th July 2015 start and they claim I haven't completed the years service as my maternity starts on 17th July 2016. However, I completed 3 days training essential to the role (which I was paid for) 18-20th June 2016. I was not formally dismissed from employment between doing the training and starting the role 1 month later on 20th July 2015. Do I have a case to battle for occupational maternity pay? I have 7 days to appeal their decline of my occupational maternity pay grievance.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, is the occupational maternity pay an entitlement under your contract?

Customer: replied 1 year ago.
it is an entitlement if you have been in service for 1 year, 11 weeks before your expected due date .a small correction to the above, The training was June 2015 , I started in July 2015. I was told the training was essential to me starting my role and I had to complete it at that time.
Customer: replied 1 year ago.
They are claiming I am not entitled due to not being in 'continuous employment' but my argument is that they hadn't explicitly terminated my employment between the time of completing the paid training and the time I physically started the role one month later.
Expert:  Ben Jones replied 1 year ago.

What were you doing in the time between the training and the start of the role?

Customer: replied 1 year ago.
I was a student
Customer: replied 1 year ago.
Completing my social work qualification - the job was a social work position but I was told I would be paid at a higher support worker rate until my qualification was confirmed (it was confirmed on the 20th July) so I received higher support worker wage for the paid training
Expert:  Ben Jones replied 1 year ago.

ok thanks I will reply later this afternoon as I am on the move at present, thank you

Expert:  Ben Jones replied 1 year ago.

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

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Customer: replied 1 year ago.
Hi Ben,Thank you for your reply. I am happy with your answer but not happy with the technical issues that led to it being responded to more than 24 hours later, as I paid the highest rates for urgent information. How do I go about complaining about that?Thanks,Natasha Bray
Expert:  Ben Jones replied 1 year ago.

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

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