MegaSack DRAW - This year's winner is user - rgwb
We will be in touch
My daughter has worked for one of these care agencies for the past 2 years. It's one of these 'zero contract hour' jobs where they can call you when they want you. For the past 2 years she's been consistently doing 30-50 hours per week.
She is due to leave on maternity pay in three weeks. For the past few weeks they have reduced her hours to zero, knowing full well that they only have to pay her whilst on maternity, the average wage she's had for the previous 6 weeks (so I've been told anyway).
She is now in the situation of not earning, whilst at the same time unable to quit as she wouldnt qualify for benefits due to voluntarily giving up her job. Nore will she recieve any maternity pay.
Anyone in the know able offer any advice pls?
She'd be entitled to statutory at a minimum, no?
Or quit, claim constructive dismissal (providing zero hours), and go through the motions. But that's probably stress a new mother won't want.
http://www.hmrc.gov.uk/paye/employees/statutory-pay/smp-calc.htm
Actually, from the E15 booklet, it looks like the average pay is based around the weeks preceding the qualifying week (which is 15 weeks prior to the date the baby is due) - so presumably she's okay for maternity pay.
Her employers have presumably misinterpreted (and also, are gits).
^^ is the 15 week prior bit that counts, so she should be fine.
I had a friend who finish a fixed term contract 8 weeks before giving birth. She didn't expect anything and was nicely surprised when she found this out. However she only found out when trying to apply for SMP, and the company she had been working for were equally as surprised.
The length of time I think is relevant here - if she's been continuously employed for two whole years then she'd be entitled to redundancy rights etc. For this reason lots of agencies insist of laying off people for just long enough when they are about to hit the two years continuous service - if they've cocked that up then she's laughing.
Caveat: I'm not an employment law specialist - check all of this out with a professional before relying on what I say!
Zero contracted hours means nothing. If someone works 30 hours p/w for 2 years then their normal working hours are 30 p/w. Very risky on the company's part playing it out like that. I think this may step into sexual discrimination territory, as the are effectively discriminating against her for being pregnant.
I would recommend getting some professional advice sooner rather than later.
Thanks for all the great advice.. just done the uk.gov online calculations re employee rights and printed it all off for her.
Thanks again.