maternity rights and performance related pay

[Mercedes]

At present, everyone where I work gets an annual increment on 1 April up to the end of your grade-this includes women on maternity leave. My employer now wishes to introduce a new system which involves hard targets, competencies and a consideration of your circumstances - sort of prp light. Your increment will depend on you meeting your targets/competencies etc. I have asked about women on maternity leave and how can they be assessed when they are not there and that they may lose out.

Does anyone else have experience of prp and how it interacts with women on mat leave?
If they don't get it is this discrimination? what happens in these circumstances?

Any ammunition to ensure that women get the best deal possible please

[Bellie]

I would have thought that if you don't get it it would be discrimination - worth checking with Acas - they are really helpful on this type of question

[Mercedes]

I did go on the acas website and it just said that you had to ensure any system was fair and equitable. Management obviously think it is but that doesn't mean it is.

PRP has been around for a while and this can't be a new issue.

I thought maybe some mumsnetters may know something about this?

[Preggars]

I have exactly the same thing going on, but am still awaiting confirmation regarding whether this would be included in my actual maternity pay. But.. that's another thread.

Let us know what you find out, as this would be useful for my case also. thanks

[Tinker]

Am trying to remember the wording for our appraisal system - prp used. You can only really be appraised on the work that you have done whilst you have been present. I seem to remember that there was specific reference to ignoring any impact that eg illness made to your performance. However, any reasonable line manager would make an allowance. So much is subjective with prp and it all really depends on budgets for pay and quotas for how many will get x box marking etc.

Our system was revamped relatively recently so when next in office will look and see if you're still interested.

[crunchie]

PRP is surely just another word for commission is it not? If so I am a sales person and since I would not be selling anything whilst on leave, how could I earn comission. Whilst I was on leave I got paid commisson on sales I had done beofre Mat leave startd (It often takes 2 - 3 months in our business).

However what you are suggesting is that performance is taken into consideration when looking at annual pay rises, and that it is not a blanket rise. In this instance I would say that a womans performance prior to her leave is the only indicator and provided that is used, I cannot see it would be unfair. It is normal in most industires. Where I work now if I want a pay rise I have to prove myself, some peope get rises each year and others not for 2 years. If I was on Mat leave I wouldn't expect and wouldn't get a pay rise.

Bear in mind and Mat pay over and above statuary minimum is discretionary and therefore pay rises are not taken into consideration. Remebering back I think womens mat pay is calculated at a rate quite early on in PG therefore recent pay rises are not taken into account, and I think I had a pay rise while I was away, but I lost out on it until I returned. I don't think I got 'back pay'

[Tinker]

Depends what type of work you do Crunchie. We would certainly get annual pay rise (which everyone gets) whilst on Mat leave. I wouldn't really liken it to a commission, although can see what you mean. In my job (without giving too much away) I could certainly bring in a lot of money one year but if that wasn't being measured that year or rest of performance was dire I may not get prp.

[Preggars]

Crunchie, I have a feeling pay rises do happen whilst your on maternity leave, plus any other benefits of being employed.

[crunchie]

Check when maternity pay is calculated from. I am sure that I read recently that Mat pay is calculated at a particular date in the PG and may not take into consideration very recent pay rises - this is for the SMP anyway. If your company give you Mat pay over and above this then I think a blanket rise is taken into consideration, but I cannot see how a PRP rise could be, unless it also covers time that you were there. A lot of companies don't have annual pay rises that occur at a particular point and is for everyone. I have worked in companies that do (and I got the rise when I got back) and I have worked in ones that don't - where I am now.

I think there are different rules for SMP and additional Mat pay

[Mercedes]

My real worry is that preganant women will be discrimated against. This is not our pay rise but an annual increment to recognise service and increasing experience. Male workers will receive their increment but a woman who takes time off for maternity leave will not get their increment although they will have worked for the same period of time.

I thought the equal pay act did not allow employers to introduce condtions that adversely affect one group of workers.

[crunchie]

Have they actually said that women will not get the rise?

If they have said that they won't then that would be discrimination. However if they are looking into it then women could still be assessed for the time they were here.

[Mercedes]

No they haven't said that. But when I asked they didn't say they would get their increment however - they sort of talked about getting advice.
They've issued a revised policy to take account of comments - yet the postion of pregnant women has still not been made clear.

[hsanders]

I would strongly advise to get anything to d with maternity leave and this includes pay in writing. If you have any queries, raise them in writing also. Sounds laborious and probably sounds OTT, but may be a document you'll need to rely on - one way to do this without it looking too formal is via email and then print and keep a copy at home. Then, if while on mat leave, anything happens with your pay [or if your colleagues have pay rise and you do not], then you have access to the 'conversations' and queries you made whilst in the office.

PRP is a seperate issue to commission. If commission is earned whilst in the office to be paid whilst on mat leave, then it must be paid. If however, due to you being off you do not make commission, then obviously it won't be paid - much as if you're on sick leave or annual leave.

With PRP, this must be paid to all employees otherwise it is not legal.

If you have any queries, check with Maternity Alliance www.maternityalliance.org.uk/ For advice on particularly complex issues you can speak to an advisor on their Information Line - 020 7490 7638. They have recorded information on maternity rights and benefits available 24 hours a day and you can hear times when advisers are available to speak to.

If you do need to take legal action for discrimination on the grounds of sex, ie. would your treatment happen to a man?, then it's worth checking your home insurance to see if you have Legal Insurance as they will have a legal helpline also.

[JulieF]

The new rules about getting pay rises whilst on maternity leave and your maternity pay having to take this into consideration has only just come in. We have just received a bulletin from the inland revenue about it. I'll look it up tomorrow whilst at work and try and post (if I can get on the net)