Can money be deducted from SMP?

[SandieP]

Hello,

I'm new to mumsnet and hope someone can help me.

I currently work for a local authority who has set out new terms and conditions for it's employees enforcing 4 days unpaid leave per year and to get this money back from each of it's employees they are going to deduct it each month (from 1 April 2011) from people's wages rather than a lump sum.

I will only receive SMP from 1 April 2011, not the additional occupational benefit you can get, so I presumed this wouldn't affect me until I returned to work. They are telling me they are going to deduct my portion from my SMP (the amount calculated from my annual salary even though I'm not earning it) but I thought SMP was the minimum basic amount I am entitled to by law, could anybody give me advice?

A number of local authorities are enforcing these unpaid days leave so I think this is going to crop up more and more.

I'd appreciate any advice anyone can give me.

Thanks

HMRC's SMP Manual says "SMP is replacement of earnings, not a benefit, so most deductions which can lawfully be made from wages can also be made from SMP".

Having said that, the LA cannot unilaterally change its terms and conditions or employment without the consent of those affected. Are you in a union? If so, you should talk to them.

I believe there is a rule where an employer can send you home for upto 4 days per year where no work exists so this could possibly fall under this in terms of what's legal.

An employer can send you home if there is no work for as many days as they want but, unless your contract says otherwise, they still have to pay you. If the union has agreed to 4 days compulsory unpaid leave as an alternative to redundancies it is acceptable but an employer cannot impose such a condition unilaterally.