Retrospective payment of bonus whilst on mat leave?

[rafa]

I am currently pregnant with DC2. When I was on maternity leave in 2008 my annual bonus was pro ratad down to reflect full months worked and did not take into account the 2 weeks compulsory maternity leave. So instead of getting a bonus based on 37 weeks I got one based on 32 weeks. I have now raised this matter with HR using the Hoyland case as an example which says bonus payments must be made in the compulsory 2 week period and the Rights During Maternity leave document that states the bonus must be paid for time worked in the office and therefore should not be pro ratad down to reflect full months. HR have now said going forward the bonus will include the 2 week period and full time in the office. My question is are they legally obliged to pay me the 5 weeks extra I should have got in 2008. Can they pay me retrospectively for it ? Any advice welcome.

Well you are obviously right bonuses should include a pro rata amount for compulsory mat leave and it seems HR have accepted that, so that's positive.

However if they are refusing to pay you monies owed from 3 years ago it's difficult to see how much you can realistically do about it. Yes by not paying you that amount they were breaking the law but you are well out of time to put in a tribunal claim about it. So yes they are technically legally obliged, or were at the time, but in fact it's unlikely you'll be able to enforce it.

How much money are we talking?

around £300. I have not brough it up with them yet but going on mat leave again soon (statutory) so need all the money I can get! Flowery are you saying it would be more of a goodwill gesture on their part if they agree to pay it retrospectively?

around £300. I have not brough it up with them yet but going on mat leave again soon (statutory) so need all the money I can get! Flowery are you saying it would be more of a goodwill gesture on their part if they agree to pay it retrospectively?

Well sort of, yes. 'Goodwill gesture' doesn't sound right as they certainly owed you the money legally, no doubt about it. But your legal recourse for getting the money would have been a tribunal claim for sex discrimination which you cannot now bring as you are well out of time, so essentially if they want to not pay it to you, they can get out of it.