Talk

Advanced search

SMP and the Alabaster Judgement

(3 Posts)
Caramelsalt Fri 23-Sep-16 09:33:21

Can somebody please tell me if I am interpreting what I have read about this right?

Went on MAT leave Dec 2015 and my 90% SMP was calculated on salary at that time. In April 2016 I had a pay rise (although no actual change yet as only getting SMP). Does my employer need to recalculate my original SMP to take account of the later pay rise as it was awarded during MAT leave?

If the above is right would the same apply to occupational maternity pay?

flowery Fri 23-Sep-16 09:47:29

Yes SMP needs to be recalculated so that the first 6 weeks at 90% is based on the new salary.

As to whether it applies to any enhanced maternity pay the employer offers, as far as I am aware it doesn't, or at least everything I've read about the ruling only mentions SMP.

However I can't say definitively it does or doesn't.

Caramelsalt Fri 23-Sep-16 09:54:07

Thanks flowery, I thought I was right but it doesn't logically seem to make sense but as its in my favour I won't argue it!

Join the discussion

Join the discussion

Registering is free, easy, and means you can join in the discussion, get discounts, win prizes and lots more.

Register now