Statutory Notice Pay during Maternity Leave

[Friday13]

Legal advice please... I’ve been advised by ACAS that I am entitled to the statutory minimum of one week’s pay when giving my notice during my maternity leave but my employers believe that as I’m outside my SMP period and my contractual notice period is one month that I’m not entitled to this pay. Can anyone advise on this? I’ve already challenged them one their stance and cited Section 88 of employment law (as advised by ACAS) and advised them that SMP is not relevant to notice pay entitlement. ACAS are clear that despite my contractual obligation of one month’s notice that I am entitled to the statutory week’s pay and said my employers would be given the same advice if they contacted ACAS but some how my employers think payment doesn’t apply! How can I amicably challenge them? (I am technically no longer employed by them now as my notice period ended this week but I’m awaiting pay of annual leave at the end of the month).

Section 87.4 is clear that the need to pay full pay does not apply if the employee's contractual notice is more than one week over the statutory minimum. If your statutory notice is only a week and your contractual notice is a month, then your employers are correct and Acas are wrong. That is not outside the realms of possibility I'm afraid - Acas are definitely not infallible and I've heard of several occasions where their advisers have not given correct advice. A few years ago someone on here was told by Acas that they did not accrue holiday during maternity leave, for example.

Thank you so much for your reply. I had read something like this when looking on here a few months back but it seemed to only relate to NHS employees specifically (don’t know the detail of why their contracts are different). I have spoken to ACAS on three different occasions about this and got the same answer - that I’m entitled to it. I also spoke to the charity Maternity Advice (I think that’s their name, from memory) who also said I was entitled to it! I was clear about my circumstances (it being me as the employee giving notice and my contractual notice period), however, I appreciate differing circumstances result in different outcomes - that’s why I checked with ACAS three times!! This is very frustrating and has caused me stress in having to approach my employers about it and then ask them to double check, believing they are in the wrong. Thankfully things have remained good natured!!

”I had read something like this when looking on here a few months back but it seemed to only relate to NHS employees specifically”

No, the Employment Rights Act relates to all employees. I’m surprised you’re getting incorrect advice from Acas three times, but the legislation is clear. here

They will need to pay you for any holiday accrued while on Mat leave (inc Banks).

100% what flowery said

Thank you for the link, not least because it refers to the acknowledgment of how peculiar this legislation is, and how arbitrary it seems. I understand the need for different conditions to apply to certain laws to account for different scenarios and other laws that apply but I’m struggling to see the reasoning or logic behind this one, and the very limited instances it would actually apply. But nonetheless, thank you for clarifying this and helping me avoid what might have become an grievance situation!

Thank you also Nap Queen, indeed, I did have to challenge them on my AL accrual to ensure that was correct (which is what prompted ACAS to advise me about the notice pay).