Hi all, hope you're having a restful weekend! I just composed this long post and then posted it, and I don't know where it went, but it disappeared into the ether!! I knew I should have copied it first.
Anyway, my question is, I have a client with an employee currently on maternity leave. The employee has told me that she does not intend returning to work after the end of her maternity leave as she was ill throught her pregnancy and now needs an operation. She went on maternity leave at the end of September and the company's holiday year runs from September to August. She needs to give 3 months' notice to quit. Would she be better of waiting until 3 months before her maternity leave ends to give notice so that she will get a full year's holiday pay?
The employee concerned is, I am sure completely inadvertantly, putting you into a complete ethical dilema here.
Your responsibility is to your client and only your client.
The employee is creating two issues :
1) Information given to the employee in this instance may not necessarily be in the best interestes of your clients business
2) The employee has already given you information pertaining to your clients business that she is expecting you not to share with your client.
If I were in this situation my approach would be to tell the employee that due to your ethical duty to the client she would need to speak to someone independant of the client such as citizens advice and I would also feel obliged to inform the client of the conversation (nobody ever said that this business was good for making freinds!).
I'm really sorry for not answering the direct question but the scenario just reminded me of the mess that a freind of mine got into a little while back and because my freinds actions were, although done in good faith, perceived as unethical in giving advice to (in that case to a family member) which was to the detriment of the business that she represented her PII company basically said "Down to you, nothing to do with us now".
She worked it out with all involved but I would hate to see people on here falling into the same trap of giving advice with no mal intent only for it to come back to bite them.
Sorry again.
Shaun.
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Shaun
Responses are not meant as a substitute for professional advice. Answers are intended as outline only the advice of a qualified professional with access to all relevant information should be sought before acting on any response given.
Many thanks for replying. I have already told this employee that my first responsibility is to my client as she has asked me for advice before. I have always told my client of our conversations afterwards. The problem is that the client and her employee do not get on terribly well, and because I am so approachable, the employee has found it easier to talk to me in the first instance. (I've felt a little like a go between and have felt a little uncomfortable about it).
You are right though, that I should now point her in the direction of someone independent. Thanks for the advice.
I don't think she'd get a full year anyway would she, even if taking her full maternity leave entitlement? Aren't the rules that she accrues holiday pay in line with her employment contract during ordinary maternity leave, for example 25 days leave plus bank holidays and then holiday pay in line with the working time regulations for her additional maternity leave (20 days plus 8 bank holidays).
Acas or the direct.gov website are always good for information on these things!
I had trouble finding out what the rules were actually, but I have now referred the employee to the CAB and she has made an appointment. I think part of her trouble was that she didn't listen to what her employer was telling her....either that or she didn't believe she was telling her the truth.
