Maternity leave

[shadowskill]

Hi, Really need a bit of advice before I make a mistake please.

 

I run a small family business, not going to change the world but make enough to take care of life.

 

Two years ago we needed a salesperson. We interviewed and against my better judgement my partner employed a, let's say, "woman of childbearing age" despite the fact that the other best candidate was male and very old, and of an "ethnic persuasion" that I don't think my partner is comfortable with, (that's a whole different story lol!)

 

So, we trained her at great expense to the company in terms of courses, time off, certification, etc. But she was really good, made a lot of sales and I ate my humble pie. However.

 

Sure enough, I was unfortunately proved correct and within 7 months of being in post she informed us she was pregnant. Great! Party cakes and baby showers and all the other BS we have to pretend to show we're happy employers!

 

She took maternity leave back in May and we agreed to pay her full salary, despite her working here less than two years, but on the understanding we'd keep the job open for her.

 

I've just had the text, (not even an ffing phone call or email) from [edited] saying she's not coming back.

 

Sorry if I seem bitter, but I always said this would happen if you employ women in their twenties, but apparently it's not cool to ask the question at interview for fear of upsetting the little snowflakes. SO now I'm left with having to find another person for the job despite all the money I spent training her, and the free money she had sitting on her ass for 6 months breastfeeding my dollar bills to her kid.

 

Anything I can do? Can I sue her for breach of contract? Can I claim back the training fees? I knew this would happen, or is the moral of the story once again never to employ a young female candidate or trust her word?

 

Any advice would be really appreciated, (and I don't mind if you want to call me misogynistic lalalala, but anyone who runs a struggling small business will know exactly what I'm talking about.)

Edited November 3, 2016 by honeybee13
Inappropriate content removed.

[unclebulgaria67]

Returning to work after maternity was always an option and you left it open.

 

If you really benefitted from her employment, why not text her back to see if anything can be done, for her to change her mind. It can be worth at least having a conversation to see whether you can work together to find a working arrangement that suits both parties.

 

You have to think that had you employed the other person, they might not have performed as well or did not fit your business. You might have had several different people to train and work for you, before you were happy.

[shadowskill]

thanks for the reply unclebulgaria67. So beyond the platitudes, what you are saying is I have no legal recourse to sue her for breach of contract? I was honest and open and took her at her word that she'd come back, so I kept the job open.

 

Is the law really so one-sided that I MUST pay her until such time as she decides she doesn't want to come back?

[unclebulgaria67]

As far as i know you cannot make it compulsory for anyone to return after maternity.

 

If you had made her sign something legally that she had to return by x date and payment of wages was on the basis of returning to work, then seek formal legal advice. Depends on how such a contract addendum was written and whether it complies with all relevant employment law. I think it would have to categorically state that if she did not return to work, that she would have to repay a sum that related to the amount that was in excess of what had to be paid under materity pay rights.

[BazzaS]

 

Great! Party cakes and baby showers

........

 

the free money she had sitting on her ass for 6 months breastfeeding my dollar bills to her kid.

 

 

Things would have been so much easier when racism ("ethnic persuasion") and sexism was permitted?.

 

What jurisdiction are you in?

"Baby shower","ass" and "dollars" make North America a possibility?

[shadowskill]

Things would have been so much easier when racism ("ethnic persuasion") and sexism was permitted?.

 

What jurisdiction are you in?

"Baby shower","ass" and "dollars" make North America a possibility?

 

thank you for your helpful post which really added to my understanding of the situation BazzaS. Feel a bit better now do we?

 

Anyone got anything constructive to say?

 

My point being, if it's a white man with less than two years service and I want to get shot because he's crap at the job, no problem. Because he's seen as being entitled and powerful.

 

But if I want to get shot of an ethnic, or a pregnant woman who's crap at their job with less than two years service suddenly.... legal handbags at dawn.

 

Something's gone a bit wrong here surely?

 

Oh well. Guess I just have to suck it up and tell everyone I know who runs a small business that all the stereotype tropes are true and it's best to never employ anyone who can play "discrimination cards" just in case.

[unclebulgaria67]

Think you have come to the wrong site. This site generally supports rights of workers etc and is pretty liberal.

 

From your posts, i think the mistake you appear to have made is payment of full wages beyond any maternity rights, without getting agreement signed that if she did not return, the excess above maternity pay rights would be repayable. Then she had a choice to be made and knew that she would have a large sum of money to be repaid if she did not return.

 

As a small business owner see if you can obtain free employment law information from your local business advice service. Government agencies and business help organisations have produced information on employment law including maternity rights, recruitment processes.

[BazzaS]

thank you for your helpful post which really added to my understanding of the situation BazzaS. Feel a bit better now do we?

 

Anyone got anything constructive to say?

 

My point being, if it's a white man with less than two years service and I want to get shot because he's crap at the job, no problem. Because he's seen as being entitled and powerful.

 

But if I want to get shot of an ethnic, or a pregnant woman who's crap at their job with less than two years service suddenly.... legal handbags at dawn.

 

Something's gone a bit wrong here surely?

 

Oh well. Guess I just have to suck it up and tell everyone I know who runs a small business that all the stereotype tropes are true and it's best to never employ anyone who can play "discrimination cards" just in case.

 

Trying to clarify which jurisdiction is constructive. If you are in fact in the USA or Canada (or another non-UK jurisdiction) : it is relevant to the replies and if you are asking in the best place.

 

Pointing out that small businesses still have to comply with legislation prohibiting discrimination against protected characteristics is both realistic and constructive.

 

You can dismiss someone for not being capable, regardless of if they are Caucasian or not, pregnant or not, or purple with pink spots: that isn't discrimination if their protected characteristic is irrelevant to the dismissal.

 

 

But she was really good, made a lot of sales and I ate my humble pie.

 

 

But, you never said that she was rubbish : your beef with her isn't that she was rubbish, but that she fell pregnant.

 

 

and I don't mind if you want to call me misogynistic lalalala,

 

It also appears you DO mind if people point out your misogyny

[BazzaS]

And we have an early contender for "winning attitude of the month"!

 

You seem easily confused.

 

You confuse ability to do the job with race and with gender.

You confuse ability to offer competent advice with being in ESA or not.

 

Some people on ESA might offfer excellent advice, some rubbish advice.

Prejudice. You are pre judging based not on the advice but on a group characteristic. Nice.

 

BTW, I'm not on ESA. Not that that would be a reason to discount my advice, even if I was ........

[king12345]

Forgetting all the op's nonsense, if advice had been seek (for free) before sending the woman of childbearing age on maternity with full pay, the op would have realised that she could have made that money conditional to her return for the standard 26 weeks (if I remember correctly).

Op was too humble to take advice on such a matter and paid her employee while she was sitting on her ass for 6 months breastfeeding her dollar bills to her kid.

Should have come to cag before paying maternity...

[Emmzzi]

"An Ethnic"?

 

HR manager, not on ESA. Think you should be made to pay for advice, and glad you are out of pocket.

[Sidewinder]

In view of the content of this post - from Post #1 downwards being little more than an excuse for the OP to try and trade insults I am closing this thread

 

In doing so I would say to the OP - IF you are a genuine small business, which is doubtful looking at what you have written, I would not even consider employing any further staff until you have taken even the most basic steps to understand your legal responsibilities. Your ignorance beggars belief