Pay rise, maternity leave and SMP

[ncncnugs]

Anticipating a bit of a fight with my employer here so looking for some advice.

I’m pregnant and starting maternity leave at the end of May. In line with the NMW increase, all staff at my company have received a salary increase as of 1st April. For years, I have consistently been paid £1 an hour more than the role below me. I have not had an appraisal this year, but I am not aware of any issues with my performance. I have taken on more responsibility than my role really requires of me in the last year.

I emailed HR today to ask for a breakdown of my SMP payments, as I wanted to check they had recalculated my 8 week qualifying period for SMP to reflect the April pay increase. I was told it can’t be recalculated - I know this is incorrect from the Alabaster case. I sent HR links to these references and was told it wasn’t clear from that, and that it would only apply if a pay rise was awarded during maternity leave, and as I’m technically on annual leave right now rather than mat leave, it doesn’t apply. I’ve read guidance which suggests a pay rise at any point between the start of the 8 week qualifying period and the end of maternity leave needs to be recalculated for.

I have now been told that the boss has not decided yet whether I will be getting a pay rise. I am now anticipating them saying I won’t be getting a rise in order to get out of this recalculation, which seems daft for such a nominal amount but it’s the principle of it that matters to me. Legally, can they do this? As I said, I’ve no performance issues and the rise is in line with inflation, and not performance related anyway. If I don’t get a rise, the gap between the pay of the more junior role below me narrows to 50p per hour rather £1, so surely that can’t be allowed when my role hasn’t changed? The only reason they would have to deny the pay rise is that I’m going off on mat leave, which I think may be discriminatory.

Can anyone shed some light please? I have done research and am armed with guidance re: SMP, but I’m not 100% sure where I stand with the pay rise.

You’ve said the pay rise is in relation to NMW. At my company when this happens only those on NMW get the increase all the others stay the same. Only when a pay rise is given as a percentage across all grades does everyone get it. Has it been stated that you are getting an exact increase in pounds?

Not sure I fully understand your thread and where this pay rise is coming from. But no employers do not legally need to maintain wage differentials between employees when NMW employees get a pay rise.

Sorry, I haven’t clarified very well. My company have increased all salaries across the board at the same time that NMW was increased, perhaps that just coincidentally. I’m not sure if it’s a set % or not.

My concern is them using my impending maternity leave and the need to recalculate my SMP as a reason to not give me a pay rise.

No one is on NMW, so the pay rises are being given to everyone across the board, of all different roles and departments. But I am being told that mine hasn’t been decided yet when I have enquired about my SMP being recalculated.

Point them at the government guidance for employers which can be found at www.gov.uk/guidance/statutory-maternity-pay-employee-circumstances-that-affect-payment#:~:text=If%20a%20pay%20rise%20is%20awarded%20which%2C%20when%20recalculated%2C%20means,out%2090%25%20of%20the%20AWE%20.&text=Pay%20the%20difference%20for%206%20weeks., particularly the paragraph that says, "This applies if the pay rise was effective from anytime between the start of the 8 week relevant period for Statutory Maternity Pay (SMP) and the end of the statutory maternity leave."

The rules are clear, and not giving you a pay rise because of your maternity leave if you otherwise would have had one is clear discrimination.

If you don't receive a pay rise and it transpires that everyone else has received one, I would think it is pretty blatant discrimination and it would be hard for the company to prove otherwise. If you do get a pay rise, then your maternity pay should of course be recalculated to include this, and not doing so is again discrimination.

Your boss really is a stingy fucker trying to rob you out of a £1 pay rise for the sake of those first 6 weeks SMP. If it's really a hill your boss is willing to die on, it would be much costlier in the long run for them in a tribunal.

So just to be clear, the entire company is receiving a pay rise, but you aren’t yet sure if one individual, me, who has no performance warnings but does happen to be pregnant, might get it? Do you think I should accept such a decision as reasonable?

Assuming I am not one of one or a few people in the company singled out to not receive a pay rise for no clear reason, please see this guidance for employees that says you must reflect that pay rise in smp.
Honestly I think this has already cost you more in time than the extra you would actually be paying me so not sure why it’s such a challenge.

Thanks everyone. I will see what they come back with today.

Oh I know, it is such a nominal amount in the long run really as it only affects those first 6 weeks, but it’s the principle of it for me, as well as actually needing every penny I can get since they do only pay SMP. The company have form for being awkward and I can see them fighting me on it. I am more annoyed I think I was given completely inaccurate advice from HR.

No one here is questioning your right to go after a small gain that is legally yours! Go tell ‘em, I hope they realise.

Sorry, I meant that it is such a small amount for your employer to pay in the grand scheme of things, and it's illegal what they are doing so could cost them more in the end! So it's stupid of them really. I'm currently on SMP myself (and I too experienced maternity discrimination, which is going to tribunal), and I know how tight money is on SMP, every penny really does count. I think that if they continue down this path (and no resolution from a grievance), you have a case and could take legal action.

You need to start your own thread to get the best answers