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Contract Query

Aujorie Delpratt

| 0 Posts

17 May, 2018 13:12

Hi there

Two members of staff had their job roles in Breakfast & After School club changed when another member of staff went on Maternity leave. The member of staff's maternity leave started 16.04.18. (One of the member of staff stated is the partner of the person who has gone on maternity leave).

The two members of staff were under the impression that the roles would commence from 16 April 2018.

They both recently received their acknowledgement letters to say they will be covering the position in Breakfast & After School club and this would be from 30th April 2018. However, one of the confirmation letters (for the partner) stated that his contract started after his Paternity Leave on 30th April 2018.  Regardless of whether he was on Paternity Leave, should the contract have not started on 16th April as originally implied?

I would appreciate some clarity on this. Thank you.

Kind regards

Aujorie

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  • Keith

    | 0 Posts

    17 May, 2018 13:28

    Who "implied it" and how? They may have assumed it would start but were they told? How do these dates tie in with school holidays?

    The fact that the maternity leave started on X date and these roles started on Y date is unusual but perfectly permissible.
  • Aujorie Delpratt

    | 0 Posts

    17 May, 2018 16:40

    In reply to Keith:

    Thanks Keith, looking into the "implied" and "how" with the member of staff.
  • Elizabeth Divver

    | 0 Posts

    17 May, 2018 17:28

    Hi Aujorie

    Contracts should reflect reality. The date in the contracts should be the date they actually started doing this work, so that should clear up the 16th v 30th point. For the person on paternity leave, his contract of employment continues while he is on leave, so if his hours of work etc had not been changed before he went on leave, those would be his terms while he was on leave.

    However, I think the real point here is that you need to willing, motivated members of staff covering the Breakfast and After School Club, not two people going through the motions because they feel they've been treated unfairly.
  • Aujorie Delpratt

    | 0 Posts

    23 May, 2018 16:21

    In reply to Elizabeth Divver:

    Thank you Elizabeth for your response.