Work have 'excluded' me from childcare voucher, why?

[CradleCrapNap]

I have just started maternity leave as I'm expecting DD2 in June. I have been receiving my full entitlement of childcare vouchers from work since returning after DD1 (£243). I have since dropped from 3 days to 1 day (now work another 2 days elsewhere), so this time I am not entitled to maternity pay or SMP from this employer as my take home pay after vouchers takes me below the threshold for SMP. Fine. But they told me in discussions before I finished that I was entitled to continue receiving my childcare voucher regardless, that they were obliged to continue to pay it, like an unexpected bonus. Now though, the first payment has failed for 'insufficient voucher' reasons and when I contacted the voucher company they say my employer has sent a request to exclude me from the payment. The lady I need to speak to at work isn't in until tomorrow. Does anyone know why they have done this or where I stand? I've never really understood the whole voucher scheme anyway tbh. She apparently tried to call me yesterday to explain and told her colleague she didn't want to send an email, I'm sure they're going to say they won't pay it. Can this be right?! Help!!

[prh47bridge]

Some employers still seem to think they don't have to provide CCVs whilst someone is on maternity leave. They are wrong. They must continue to provide CCVs.

[Hero1callylost]

It's possible if you work 1 day a week there that your CCV would make your take home pay below national min wage? I think that's against rules

(Not sure if that's specific to my provider though or an HMRC rule)

[ShouldHaveListenedInBiology]

There has recently been a tribunal where the judge ruled it was not unlawful to pause childcare vouchers during maternity leave. Am posting on phone but will try and find link - they should have warned you though.

[Writemove]

Sadly thi gs have changed. Someone took their employer to court and it backfired. They said they don't have to provide vouchers


"A recent Employment Appeal Tribunal decision has ruled that employers are no longer required to provide Childcare Vouchers during a period of maternity leave when only Statutory Maternity Pay is paid.
The Employment Appeal Tribunal has released the following statement: “It had not been the intention of parliament to require employers to continue providing vouchers at a time when there was no salary which could be sacrificed in respect of them.”

[CradleCrapNap]

Ugh, sounds like they aren't going to pay them then. Will call her later. Bit miffed that they told me they would continue them and now they are going to go back on that. Let's see what she says. Thanks to that person who ruined it for the rest of us 😜

[CradleCrapNap]

Yep, writemove is right. They know about this new ruling and aren't going to pay them. I don't think I would behalf as bothered if hey' told me his from the beginning but to tell me just a few weeks ago that I would receive this as a 'benefit' and now say I won't, I'm a little bit annoyed. Now I have to find £500+ a month if I want DD1 to still go to nursery for 2.5 days whilst I'm off, or completely change her routine and juggle new born and threenager?! Argh. Husband is self employed and doesn't get vouchers. Sigh.

[Catinthecorner]

Did they tell you they would in writing? Would it be on an email or a set of minutes somewhere?

[CradleCrapNap]

No. Just when speaking on the phone sadly. Doesn't seem like there's anything I can do about it. I very much understand from employers point of view that if someone is not receiving a salary, they shouldn't have to stump up for childcare vouchers as they are normally a salary sacrifice. Just hate being told one thing and making plans around that and then feeling like something has been taken away, even though it hasn't.
The thing I'm thinking about now is, the reason they said I wasn't entitled to SMP was because after my childcare voucher payment my take home pay took me below the threshold. Does this now mean I'm entitled to SMP? Need to find the policy and have a look before I contact them.