Maternity pay advice- pay rise..

[JRTfan]

I've googled but still a bit confused.
I get statutory maternity pay so 6 weeks at 90%.
I am going on maternity leave in June and my employer has calculated my earnings correctly over those 6 weeks based on previous months. However we are getting a pay rise in April, my HR department insists this pay rise won't apply because the pay is calculated before it comes in to place but I am sure I've read otherwise? Am I correct?

It will (or should) apply to you when you’re back, but won’t affect the 6 weeks of 90% pay you get (unless your employer goes above statutory). That’s strictly about the relevant period, not any subsequent changes.

You are absolutely correct, send this to your employer https://www.gov.uk/guidance/statutory-maternity-pay-employee-circumstances-that-affect-payment#employee-earnings-affected-by-a-pay-rise

Thanks..2 conflicting bits of advice! 🤣
I did send the government website link to them but they came back saying it doesn't apply because the 90% is calculated before the pay rise and is retrospective but I thought because it's paid after the pay rise it should count..
To be honest it'll be a negligible amount but it's more the principle.

In which case, highlight the following paragraph to them:

If a pay rise is awarded after you’ve calculated your employee’s earnings, and that pay rise is effective from the start date of the relevant period but before the end of the statutory maternity leave, you must:

• recalculate the AWE to include the pay rise as though it was effective from the beginning of the relevant period
• pay any extra SMP due

This is because of a ruling called the Alabaster rule which states if any pay rise received during a woman’s maternity leave (I.e. even after the 6 weeks at 90%), the 90% pay period needs to be recalculated as of the pay rise was in effect before and any difference should be paid.

If the pay rise applied to the relevant period then you'd get it. It doesn't, therefore you dont.

Thanks I thought because they were paying it after the pay rise I would be entitled but it appears because it's calculated before the pay rise I'm not. Seems a bit unfair but won't be a huge amount anyway..

If they denied you the pay rise from June just because you're pregnant then that would be pregnancy discrimination.
The pay rise should apply for your mat pay even despite it coming after the reference period.
Being part of a trade union is important for not getting screwed over in the workplace with stuff like this.

@JRTfan @CherryBlossomNo1 is correct your employer is not.

Try giving them this link https://www.cipp.org.uk/resources/news/the-basics-of-smp.html and ask them to refer it to their payroll manager.

Contact ACAS and Pregnant the Screwed.