Can employers delay KIT day pay until after maternity leave ends?

[Darlingbaby]

Does anyone have any experience of this, I've just completed my 10th kit day (now in my unpaid section of my maternity leave) and I've submitted the claim into payroll who have noted they don't pay kit days until I'm back in work fully which will mean I'll incur a significant amount of tax.
Does anyone know if this is allowed? I was relying on the kit days to be paid in April having done them all. I can see on maternity action this isn't allowed but wondering if anyone has experience of challenging their workplace if they had a similar policy.

Yes I recall on two occasions when I was managing staff in the NHS, payroll would only accept the dates once the staff member had returned to work. They didn’t challenge this decision though

its not allowed, it’s regarded as unlawful deduction of wages. I would go to HR and remind them of this.

If it wasn't going to get paid til April anyway, yoyr tax will be no different between getting paid now and when you go back in 3 months.
You will pay slightly more NI.

I don't go back until June so it's end of June I'll get paid then, so it's withholding pay essentially for 3 months again

As I'll get my first full pay back and kit days on top if that makes sense

I work in the NHS and I enter KIT days on my roster as they're done - these are then picked up when they run the next payroll and the staff member is paid then. No withholding of pay for months on end.

Would ACAS be able to advise? Or any union you're in?

Yes but the amount of tax will be the same, whether you get paid in April or in June.

But that doesn’t seem right. Are they waiting to see if you return?

Tax will be the same. You’re earning the sums in the same tax year.

I don’t know if the policy to hold it back is allowed. My employer - public sector - pays it that month if it’s logged before the 15th, and the following month if it’s after 15th.

I think it's their own way having people return earlier to be honest.

Definitely think you need to speak to your union if you have one - or maybe pregnant then screwed for signposting ? I was always paid the month following - I couldn’t get paid KIT days whilst in my unpaid leave part of maternity but got a day in lieu. Were all other KIT days done during your unpaid leave ? either way it doesn’t sound right you having to wait so long for payment. Unless it’s clearly stated in a maternity handbook somewhere I think you have grounds for discrimination as you’re only being withheld your pay because you’re on parental leave

No - KIT days should be paid as they are worked. https://maternityaction.org.uk/advice/keeping-in-touch-days/#Payment_for_KITSPLIT_days

Yes I've spoken to ACAS earlier who have confirmed it's wrong and potentially grounds for discrimination.