Is this allowed?!

[OhToBeASeahorse]

I work in an independent school. I'm now on the highest MPS point. There is a scheme which offers a discretionary rise if you can demonstrate your contribution.

I'm on mat leave and returning part time. I emailed to ask if part time staff were eligible.

I've been told yes but part of the basis is your contribution over the past year. I haven't been there.

Is this allowed?

In my experience independent schools, especially smaller ones, are a law unto themselves. It may be considered discriminatory in the state school environment but private schools play a different game. I have worked in private schools in the recent past and enjoyed aspects of it, but this kind of thing happened all the time particularly in regards to pay.

Most schools will be ensuring that their policies on remuneration are fair & non-discriminatory, as required by law. Private or not.
In your case, any discretionary rise / bonus scheme, which is based on performance or relevant contribution, can indeed stipulate such terms. Any time period prior to maternity leave, and the compulsory leave period, cannot be excluded - but the remainder of your leave, in most cases can. Check your employment contract & relevant policy on this, it should reference in some way.

Typical small indie behaviour. We have a discretionary payment but that is linked to clubs and extra-curricular activities. So payment (Extra-curricular allowance it is called) is scaled if people can not run them for whatever reason.

@StaffRepFeistyClub - so presumably it would be scaled down to zero if your contribution or presence was nil? It’s a valid practice. Discretionary contribution based pay, can legally exclude those who are absent on maternity leave, beyond the compulsory period. Any indie doing this, is well within their rights.

If it is the odd non-attendance linked due to school meetings/exams/school trips that is fine. But missing a few weeks on the trot would trigger a reduction. As far as the bursar is concerned parents are paying for a service and it is mentioned in the contract as discretionary etc