can enhanced maternity pay be offered case-by-case?

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Can anyone please help me with a quick question on enhanced maternity pay?

I work for a small company, where I am the only woman of "childbearing age". During my last maternity leave, my employer gave me a very good enhanced maternity pay package. I think this was almost accidental because I didn't manage to get an answer from them about what I would be paid until I was 40 weeks pregnant. I suspect they panicked and picked a figure out of the air.

I am now pregnant again, and my employer has told me that he will only pay me SMP this time, as he "doesn't want to set a precedent in case more women join the company".

I have a fairly unusual combination of skills, and am sure I would be very difficult to replace. I therefore feel I'm in quite a strong negotiating position, and I want to negotiate for more pay.

I think my employer is mistaken in his assumption that by offering me enhanced maternity pay, he will then be obliged to do exactly the same for every other employee in future. Is this right? Can enhanced maternity pay be offered on a case-by-case basis?

it's frequently only offered to employees who have a minimum level of service, so that's one way to filter.

I believe my employer offers a different rate to those on different pay grades and also those with different length of service.

(I work for a large employer but am an adopter and I noticed the adoption leave/pay web page hadn't been updated since before the last set of statutory changes, just before I went on adoption leave. They quickly panicked like yours and updated it to be identical to maternity leave. This is rare - usually you get a couple of weeks less on 90%/full pay for example - so I kept quiet!)

Yes it could technically be offered/negotiated on a case-by-case basis, but it's not particularly advisable to do that. It risks accusations of unfairness, or, if the employer without fail pays x and suddenly decides to pay only y to one employee, there is the risk of a claim that always paying x has become contractual by custom and practice.

You say you would be difficult to replace. Would you really resign over this? If you wouldn't, then your negotiating position isn't particularly strong. Also, if you do threaten to leave over it, your relationship with your employer will not be good going forward.

IMO you are better gathering evidence of industry standards, and making a request (rather than a demand) for payment of the same as previously (or an alternative amount), on the basis that you like to think you are a valued, hard-working employee and would like your commitment to the company recognised. Offer to commit to repaying enhanced amounts if you leave.

But ultimately, it's up to your employer and it sounds as though this time they are better informed and have done sums/budgeting etc rather than accidentally falling into something they don't want.

Thank you all very much for your feedback. I'm not sure I would leave my job over this but it has made me seriously consider it for the first time ever. Something to think about.

Today, my employer has said he wants to pay me for "contract work" through my maternity leave, in addition to SMP. My understanding is that, if I take on any extra work for pay during my maternity leave, I will lose my entitlement to SMP. Is that right?

To be honest, I'm seeing my arse over this a bit. I'm tempted to say that I will accept the company's offer of only paying me SMP but make it clear that I may then be completely unavailable for 12 months. I probably can't afford 12 months maternity leave, given that I'll have to cover the unexpected drop to SMP out of my savings, which are not huge.

God I wish I were better at negotiating. I also wish my boss would put some sodding policies in place so that I could know where I stand occasionally.

Sorry flowery , your plan actually sounds much better. I will try that first.

You can work for up to 10 Keeping in Touch days without it affecting your SMP entitlement, but anything more than that and you'll lose SMP.

Hope you get something sorted. And you are not unreasonable to ask him to put some policies in place either. Even small companies need a few, for the benefit of staff and owners alike!