Once again, pregnancy and maternity featured in the month’s top 10 most frequently asked HR questions. Throughout December you asked questions on bonuses for employees on maternity leave, poorly performing pregnant probationers, fixed-term contracts due to terminate while the individual is on maternity leave and paid work during maternity leave. With regard to leavers, you wanted to know if it’s permissible to withhold the P45 of an employee who has been overpaid until the sum in question is repaid, and what action can be taken in relation to someone who fails to return company property.
- If an employee whose probation period has been extended due to poor performance announces that she is pregnant will the employer be obliged to confirm her in the post?
- Where a fixed-term employee's contract is due to terminate while she is on maternity leave, does the employer have any obligation to re-employ her at the end of her maternity leave?
- Are employees on maternity leave entitled to receive bonuses in the same way as other staff not on maternity leave?
- Where an employer stipulates a probationary period for new employees must it wait until the end of this period before dismissing an unsatisfactory probationer?
- If an employee resigns after disciplinary proceedings have been commenced should the employer continue the disciplinary procedure?
- Can an employee take on paid work during her maternity leave?
- What is the companion's role at a disciplinary or grievance hearing?
- Is an employer required to cover the cost of glasses where the employee does not need them solely for VDU work?
- Where an employee has accidentally been overpaid, can the employer withhold the employee's P45 until he or she repays the amount in question?
- If an individual whose employment comes to an end fails to return company property what action can the employer take?
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Comments (2)
Can a company lower my pay for being unable to carry out my duties whilst pregnant? They have offered suitable alternative work but for less money and are also suggesting that the original higher paid position is not guaranteed upon my return from Maternity Leave.
Can they lower my pay if they move me to a lesser position?
Can they take away my job and only offer me the lower position whe returning from maternity leave?
Posted by Marc Jordan | March 4, 2008 9:06 PM
Posted on March 4, 2008 21:06
Thanks for your suggestions for new questions - we'll take them into account when commissioning for the FAQ section of the site. You may find that they're already answered in part by existing questions - have at look at "Where a pregnant employee's job involves heavy lifting and there is no lighter work available for her to do can the employer insist that she start her maternity leave early?" and "Does an employee have the right to return to the same job after maternity leave?" - both in the FAQ section under "Employee rights - pregnancy and maternity rights".
Posted by Jo Stubbs | March 5, 2008 6:38 AM
Posted on March 5, 2008 06:38