Mat leave bonus pay

[Hrhelpmat]

My company admit they calculated my maternity pay wrong but say their enhanced maternity pay policy exceeds statutory requirements so it’s not an issue. Can they do this?

do you have a contract stating the level of enhanced maternity pay you’d receive? But they’ve actually paid you a lesser amount?

My contract states smp and then their enhanced policy aka full pay for 6 months. They didn’t take into account my relevant earnings with bonus when they calculated my statutory pay. So statutory was less than it should have been but they say it’s ok because overall they paid me 6 months full

I’m still not totally clear, sorry - did they pay you what your contract states you would receive? If not then I can’t see how this would be allowable, I think you’d have to sign a variation to your contract if they want to change the terms. Hopefully someone else can clarify for you

Sorry, my contract states standard statutory pay and then enhanced Mat pay which is difference between smp and full salary for 26 weeks.
however my employer got my smp incorrect as they didn’t include my bonus in qualifying weeks. But they say it doesn’t matter as that excess smp would be used over the 26 weeks of emp

I just feel it’s strange they can claim the smp from government and distribute it how they wish and not over the first 6 weeks , hence offsetting their contribution

Doesn't sound quite right to me. Might be worth contacting ACAS https://www.acas.org.uk/

Did you receive full pay for 6 months ?

Would 90% for 6 weeks based on the calculated average wage for the correct weeks be more than 100% of your normal salary?

If you received what you would have earned for 6 months then it's fine.

SMP and then they pay the diff to make it up to 6 months

If they paid less SMP but paid more to make it up to 6 months earnings then you're not put of pocket. They are. They can't claim the full amount of SMP from the government so sounds like they don't care.

It wouldn't be a small job to recalculate everything so given you won't benefit, looks like they don't think it's worth the effort.

Doesn't sound good right, maybe contact Pregnant Then Screwed or Nugget Savings.

Simple question @Hrhelpmat, are you out of pocket?

What is smp currently?
What did you recieve?
What should you have recieved?

If you got the correct total amount, it doesn't matter that they have underpaid SMP. The only effect is that they have not been able to claim as much back from the government as they should. However, if your total pay was less than you should have received, they need to make up the difference.