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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Maternity pay dispute

4 replies

RogueRascal · 18/09/2025 15:47

So I'm on maternity leave with my second.
the first time round my company messed up and over paid me so recovered it from my salary for 6 months.
turns out this has brought down my average salary considerably and I'm now getting less than SMP.
Acas have said I need to speak to them and ask them to consider recalculating, I tried and the answer was no.
I feel this is massively unfair as I'm being punished for their mistake.
anyone have advice on next steps? Discrimination was mentioned by acas but I have no clue where to start

OP posts:
IhadaStripeyDeckchair · 18/09/2025 15:53

Get your union involved
Or, if you're not in a union

Get the calculations together to prove that their mistake is resulting in you being underpaid maternity pay.
Ser out your case clearly in writing and reqUest written response in 10 working days.
If you are denied Mat pay on the corrected calculation

  1. Approach the DWP for their input
  2. Raise a discrimination claim (both sex & pregnancy & maternity arr protected characteristics under the Equality Act 2010)
Pinkcherry26 · 18/09/2025 16:09

Well, this absolutely sucks.

From what you say though, I suspect you got an Acas adviser who thought the same, but actually doesn't know how to help you and hopes appealing to their better nature would work.

The trouble is that there are very strict rules around calculating SMP and the employer doesn't have wriggle room to use any discretion. It's always been the case for example that women are warned about salary sacrifice schemes in the crucial week 18-25 period in case it affects the calculation.

In this case it seems particularly unfair because if they had paid you correctly the first time you would have been paid properly during this period!

Two options

a) a formal grievance setting out why you believe they should pay you an additional amount to top you up to what your correct SMP should have been. Are we talking aboit the first 6 weeks at 90% calculation here? If you can show them the amount it might be less than they fear.

b) having done that, if they don't agree, go to the HMRC statutory pay disputes team and ask them to determine it.

I am not so sure about the chances of a discrimination claim tbh. Just thinking it through and you would need a comparator for a sex discrimination claim. A man would not be claiming entitlement to SMP so that falls away. For pregnancy and maternity discrimination you don't need a comparator but you do need to show you were treated unfavourably because of your pregnancy. I am not sure how you would show that here. They are reclaiming an overpayment and applying the law on SMP calculations, both of which they are entitled (and correct!) To do. Unless you could perhaps say they don't normally recoup overpayments generally and this was therefore aimed at you? But the reason for the reduced SMP isn't their decision but the legal calculation. (And it sounds as though the repayment schedule started before they knew you were pregnant?).

RogueRascal · 18/09/2025 16:29

Called hmrcs dispute line who confirmed the figures given by my employer and have said they have to go on the final payslip amount regardless of errors made.

seems employer can't claim it under smp however I feel like they should be covering the difference out of pocket since they are at fault. It's only £15 per week but will add up over the course of my leave so hardly seems fair.

no idea where to begin with the discrimination part but I think I'll try pregnant then screwed and see if they have any ideas.

told my employer I feel I'm being penalised for having 2 children close together (25 months apart)

OP posts:
RogueRascal · 18/09/2025 16:38

Pinkcherry26 · 18/09/2025 16:09

Well, this absolutely sucks.

From what you say though, I suspect you got an Acas adviser who thought the same, but actually doesn't know how to help you and hopes appealing to their better nature would work.

The trouble is that there are very strict rules around calculating SMP and the employer doesn't have wriggle room to use any discretion. It's always been the case for example that women are warned about salary sacrifice schemes in the crucial week 18-25 period in case it affects the calculation.

In this case it seems particularly unfair because if they had paid you correctly the first time you would have been paid properly during this period!

Two options

a) a formal grievance setting out why you believe they should pay you an additional amount to top you up to what your correct SMP should have been. Are we talking aboit the first 6 weeks at 90% calculation here? If you can show them the amount it might be less than they fear.

b) having done that, if they don't agree, go to the HMRC statutory pay disputes team and ask them to determine it.

I am not so sure about the chances of a discrimination claim tbh. Just thinking it through and you would need a comparator for a sex discrimination claim. A man would not be claiming entitlement to SMP so that falls away. For pregnancy and maternity discrimination you don't need a comparator but you do need to show you were treated unfavourably because of your pregnancy. I am not sure how you would show that here. They are reclaiming an overpayment and applying the law on SMP calculations, both of which they are entitled (and correct!) To do. Unless you could perhaps say they don't normally recoup overpayments generally and this was therefore aimed at you? But the reason for the reduced SMP isn't their decision but the legal calculation. (And it sounds as though the repayment schedule started before they knew you were pregnant?).

Thanks, you've summed it up perfectly!
I also don't think there's much I can do reg discrimination but as always it seems to be those on the lowest who get penalised... I went part time after having my DS so was very aware that I would be close to the threshold for the statutory but between this and my qualifying period being before the April pay increase I didn't realise I would be so far off on my calculations.

would like to say this means I'll be keen to return earlier than planned but it's done the exact opposite. We can survive on beans and toast right? 🤣

OP posts:
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