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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Flip

Original poster

To think that this is pregnancy discrimination re: maternity pay

18 replies

Workingmoney · 07/04/2015 15:24

Hi all,

Currently work full time, with a small shift allowance for some weekend work that I do. Due to go on maternity leave in the summer.

Have been advised that my 'shift allowance' is being removed whilst I am on maternity leave and given to someone else who will be covering.

AIBU to think that this falls under pregnancy discrimination on the grounds that I am being treated less favourably because I am on maternity leave?

Honest and factual answers please because I am all ready to go to HR with a fight about this.

OP posts:

millyv · 07/04/2015 15:27

I don't know the answer on this but if you aren't working shifts it would make sense to me that you wouldn't get this allowance or are you suggesting they aren't taking the allowance into consideration when calculating maternity pay?

BrieAndChilli · 07/04/2015 15:30

It's shift allowance allocated to who ever is doing that shift.
DH gets paid on call allowNce everytime he is on call, if he is on holiday and not on call then he doesn't get the money for being on call, whoever covers for him does.

Original poster

Workingmoney · 07/04/2015 15:32

It's in my contract that I get the shift allowance for a set amount of weekends per year (half the weekends in a year)

They are saying it will not be taking in to account when calculating my maternity pay (which is full pay for 6 weeks) and that it will be removed during the duration of my maternity leave (8 weeks in total)

OP posts:

bobbywash · 07/04/2015 15:35

Is it covered by the recent rule change concerning work that is part of your "normal" work. So if you normally get it as part of your income, it is calculated as part of your holiday pay. I presume that applies to maternity pay too, but may be covered by your contract of employment.

I'm not sure it's pregnancy discrimination, do you normally get the shift allowance during annual leave?

ThePinkOcelot · 07/04/2015 15:38

I don't really see how you expect to get shift allowance when you won't be working shifts tbh. Also, did I read that right, 8 weeks maternity leave?

sparechange · 07/04/2015 15:40

Are you in the UK?
Have you used this to calculate what you should be getting as maternity pay?
www.gov.uk/maternity-paternity-calculator

Your pay is based on your average earnings at week 15 (I think), rather than what you would have been earning for the weeks while you are off…
Some things like company car allowances can't be taken away during ML, but I'm not sure your shift allowance falls under that

Jbck · 07/04/2015 15:41

Your HR should have a published policy on this so ask to see it first so you are armed with the right information.

Original poster

Workingmoney · 07/04/2015 15:41

Yes 8 weeks maternity pay.

Yes I usually get paid it during my maternity leave.

I share the shift with another member of staff so we decide between us.

pink
I had initially agreed to do my 4 weeks' worth in one go before my maternity leave, now HR have backtracked and said they will be giving it to someone else.

OP posts:

Original poster

Workingmoney · 07/04/2015 15:42

Spare Yes in the UK - I used that calculator and it gives me the full amount including shift allowance.

jbck no such thing, small company unfortunately.

OP posts:

LadyCatherineDeTurd · 07/04/2015 15:42

I was going to say, I think the pay is calculated based on earnings during certain weeks during the pregnancy. So it may depend on whether you were getting the shift allowance during those weeks. You might usefully post this in the employment forum also?

Original poster

Workingmoney · 07/04/2015 15:44

lady

ooh thanks for that, and yes I did get the shift allowance during those weeks.
I've had the allowance for a couple of years ongoing.

OP posts:

Original poster

Workingmoney · 07/04/2015 15:56

I should also mention I am getting a pay rise this month, which will not be included in my Mat Pay - the shift allowance which should have been included in my qualifying period would have netted that out.

OP posts:

LIZS · 07/04/2015 16:07

Maternity pay is based in your actual pay during the qualifying weeks do if you get the pay increase and shift allowance at the time it would be taken into account regardless.

cookiefiend · 07/04/2015 16:14

If it forms part of your usual pay you are entitled to it. It is a bit odd to say you wouldn't get it as you are not working the shifts as the same could be said of your salary which you are being paid in spite of not working- that is the point of maternity pay.

Original poster

Workingmoney · 07/04/2015 16:16

Cookie that's my theory too!

I know I sound money grabbing, but let's face it, if I am entitled to it, I want it!

OP posts:

TwoAndTwoEqualsChaos · 07/04/2015 17:12

I think Cookie has it. It is several years ago now, but the Government used to have a dedicated website which answered this sort of question.

Original poster

Workingmoney · 07/04/2015 17:25

I went direct to HR. Turns out im right, it's already been calculated in my qualifying period. They will put it in writing for me.
Thanks all!

OP posts:

NittyDora · 07/04/2015 17:32

I suppose it depends on how you get paid. If your salary is based on your normal hours and you get the shift allowance on top when you work shifts then the shift allowance won't
be included in your mat pay as you
won't be working them. Same with
the uplift, mat pay is based on your
basic wage at 15 weeks before your
due date. I worked shifts over both
my mat leaves in the NHS and this is
what I got.
What you get for holiday pay or sick pay is usually a good guide.

Flip