Hello
Looking for a wee bit of advice. I recently completed a clinical training programme in my NHS trust where I was employed by the trust and paid at a Band 6 for 3 years. This finished in May this year and I successfully gained a post in the same trust as a qualified clinician at a band 8a.
I fell pregnant last Christmas and my baby arrived early on Aug 16th, though she was due Sept 10th.
I was led to believe from my trust's maternity policy that I would receive full pay for 8 weeks and then half pay topped up by SMP for a further 18 weeks.
I was under the impression after looking at various sources that my mat pay would be recalculated based upon my new salary increase. I qualify for continuous service and therefore occupational maternity pay.
I was dismayed to find I received mat pay based upon my old band 6 pay that I received as a trainee. When I queried this I was told that average pay is calculated based upon the 8 weeks prior to the 15th week before my expected due date which falls across the last weeks I was earning a trainee wage.
I raised that I felt this was discriminatory as I am being essentially held back from receiving the pay I would be getting had I stayed at work or if I go back. I quoted the Alabaster ruling, but they stated that they will honor the 3% pay rise offered by the government to all NHS staff, plus my annual increment which would have been due in September when I was a band 6, but not the promotional pay rise up to band 8. They claimed this pay rise did not qualify 'under the conditions of being a pay award or increment'?
I can't believe this is right, someone in my HR department emailed to say I was right and should be retrospectively paid, but then they were overruled by senior staff in HR and payroll. My maternity policy does not mention the average pay calculation anywhere and how it is worked out, it just talks about receiving full pay for 8 weeks etc etc.
ACAS seem to think I have a case but were unsure about the specifics and whether a pay rise related to a promotion following qualification would be included under the Alabaster ruling.
Any advice would be appreciated. I feel foolish as we moved house based upon my expected salary and this means I will have to return to work as I cant sustain us on my old band 6 wage. The difference is quite a bit (£20,000) which in mat pay terms works out a good £1000 a month extra for the first 8 weeks and almost £450 for the following 18 weeks. I can't believe this is fair and legal, especially having had a wee look at the equality act and the equal pay act.
Anyway they are sticking to their guns and it looks like I will have to go back to work. My wee one is just 8 weeks, she stopped growing at 33 weeks due to complications and we are in and out of the hospital for various reasons with her. I can't bear the thought of going back yet but I am the main earner in our household, unless we move house again which would be the only other option.
If anyone has any ideas or advice I would be so appreciative.
Best wishes x