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Original poster

No pay rise on maternity leave

38 replies

PayRiseQ2022 · 04/05/2022 12:38

Hi.

I have worked for a very small (<20 people) professional services firm for more than 10 years. Every March, all the staff who are not in training contracts get a pay rise. (Staff who are training get pay rises as they pass exams.) This is not usually a set % across the board, but an extra amount of £’000. I qualified 10 years ago and have had a rise every year since, except for one year (2020) when no one got one. Last year I’m not sure if everyone else got one due to the ongoing pandemic, but I had already negotiated my March rise early. Normally rises are not linked to a performance review, we just get a letter at the end of April to our home address stating the pay rise and thanking us for our work in the year. The pay rise is then effective from the April pay.

I went on mat leave late last year. Last week, so the end of April, I saw some colleagues for lunch and it was mentioned that they were currently having performance reviews and all of the people who were there confirmed their pay rise had been discussed. The end of the month came and went and I got no letter, nor have I been contacted about a performance review, despite being in work for the majority of the year to March.

Where do I stand?

Other potentially relevant info:


  • Pay rises are not contractual, it’s just been something that’s always happened.

  • I am not currently being paid anything other than SMP.


(To be honest, I’m also hurt that I’ve been “forgotten” and not thanked… I’m the most senior member of staff and it’s easy to feel out of the loop when you’ve been away for a while!)

Thank you 🙂

OP posts:
TizerorFizz · 04/05/2022 17:13

If your contract says you will have an annual performance review, then you should have one. Maternity leave or not. Have you managed to keep in the loop on other things? If not I think you need to dig out your contract and contact your boss. Say you would like your review and to spend a bit of time at work being briefed on the latest issues etc. Do not just disappear.

DogsAndGin · 04/05/2022 17:42

If the pay rise is actually based on the performance review, and crucially - it always has been, then unfortunately, you haven’t been part of the performance management process this cycle.

If you’ve never had to jump through performance management hoops before, to get your pay rise, then I don’t think it’s unreasonable for you to expect a pay rise this time either.

Original poster
PayRiseQ2022 · 04/05/2022 18:16

Thanks both.

I think the performance review is a bit of a red herring. They’ve always been sporadic before and this is the first time ever that I can recall one being done at the same time as a pay rise. For this reason, I’m sure it’s not in my contract. I only mentioned it as I read something online which said that if everyone else gets a performance review I am entitled to one too. Also to explain the context of my colleagues receiving verbal confirmation of pay rises, which never normally happens.

I guess what I am asking is, if it’s not in my contract and not performance related, but I’ve received a pay rise previously when everyone else has, am I entitled to one now when everyone else has?

OP posts:
Overthebow · 04/05/2022 18:16

Have you spoken to your line manager? I think you should question it. If you were in work the majority of the year you should definitely get the pay rise, and you should really get it if everyone else does even if you were on mat leave the whole year.

LollyLol · 04/05/2022 18:27

Yes, I believe it is discrimination. I'm not a lawyer, but I am fairly sure they cannot exclude you. Under the law, you are still entitled to Company Bonus whilst on mat leave even if you haven't actually worked at the company during most of the year. And you are still (in theory!) supposed to get car allowance (although many employers conveniently overlook this). And you still accrue holidays whilst on mat leave. The rationale is - even though you are not actually working or being paid your full salary, you are still an employee and the employer is obliged to treat you as if you are working for them. Maternity leave is a very special case in this regard. If everyone else gets a pay rise, so do you

Take it carefully- email your boss and say, "Hi hope you're well, I just realised it is that time of year when the payrises are announced! As I'm not in the office I think HR haven't issued a letter to me yet. Would you please let me know the %/amount of my 2022 pay rise and chase up HR to send me the letter, as although I'm not due back to work until DD.mm.yyyy, it would be great to know what my return-to-work salary will be so I can plan my finances."

TizerorFizz · 04/05/2022 21:27

I find it amazing that in this day and age employees don’t have performance reviews. How do they judge who gets a pay rise? How is it worked out fairly based on criteria for success ? It seems haphazard to me. Is there a pay policy? The Government web site says a pay rise cannot be withheld to employees on maternity leave so this is worth reading in full. There’s a lot of info on maternity leave, but it’s there.

In addition, ACAS suggests organising keeping in touch days with your employer. It’s a good idea to read their guide too. If you don’t have such days, and no pay rise, I would be concerned about my return to work.

Original poster
PayRiseQ2022 · 04/05/2022 22:21

This is why I mentioned that it is a very small organisation (OMB). There is no HR, and a lot of things are a bit more ad hoc than they might be in a larger company. Obviously this is not an excuse to not know how to treat an employee on mat leave though!

@LollyLol thanks for taking the time to write that suggested message. I’m not sure I could use such a confident tone as the pay rises are not an official policy, and they (my bosses, who own the business) don’t know that I know that everyone else got one.

@TizerorFizz , what do you mean about being concerned about my return to work? This is not my first maternity leave and I have already set and agreed my own return date. I live locally and have been into the office a few times with my baby. I’m only having 7 months off so I’ll only do KIT days if I decide I want to.

I was thinking I might ring ACAS. I want to get the facts in my head before I ask my employer about it. Just hate feeling like this is hanging over me now.

OP posts:
Asiama · 04/05/2022 22:47

You need to find out why you were not awarded a pay increase. If it's because you were on maternity leave then it is direct sex discrimination.

TizerorFizz · 04/05/2022 22:51

@PayRiseQ2022

I didn’t mean to scaremonger but I thought a pattern was emerging of you bring frozen out. Pleased to be wrong. Was your first pregnancy accompanied by a pay rise?

Original poster
PayRiseQ2022 · 05/05/2022 09:33

I returned from my first maternity leave in February that year, so the issue didn’t arise. I’ve just been through my paperwork and found a letter confirming my pay rise, from 2 months after my return. I’ve also found the letters confirming every other pay rise up until 2019. In 2020 we didn’t get one, which was due to covid. In 2021 I also didn’t have a letter, but negotiated multiple rises for myself, starting in January.

I also found my most recent contract, from 2012 when I finished my training contract. I am entitled to a pay review every year on 1 April, but there is no entitlement to an increase as a result of this review.

I need to ask them the outcome of my pay review don’t I?

OP posts:
Littlegoth · 05/05/2022 09:39

I work in HR. We offer employees on maternity leave the option to come in for their performance review, because if we didn’t it would be discrimination.

We rate employees on maternity leave for the period they were present. If they were absent for all of it, they get the same rating as previously. If their rating has dropped, this needs a clear justification as otherwise it could be classed as discrimination.

Employees on maternity leave get a pay rise just as if they had not been on maternity leave. Employees in maternity leave get the same bonus they would have done if they were not on maternity leave, otherwise this would be discrimination.

I think you know where I am going with this.

MrsJackRackham · 05/05/2022 09:39

If (hopefully) they give you the pay rise they need to backdate and recalculate you maternity pay. Alabaster ruling is the legislation.

Original poster
PayRiseQ2022 · 05/05/2022 09:46

Thank you @Littlegoth and @MrsJackRackham. I only found out about the Alabaster ruling yesterday and I’m sure my employers don’t know about having to backdate 🙄

My contract also says that I will be notified in writing of any pay rises awarded as a result of the annual review. I haven’t been, so to me that confirms that I have not been given one.

OP posts:
Littlegoth · 05/05/2022 09:49

just makes me bloody mad when this happens! It also doesn’t matter what your contract says. Any contract terms that treat pregnant women or women on maternity leave less favourably than people who are not pregnant or not on maternity leave are really stupid as that company is effectively saying ‘look at me putting my maternity discrimination in writing’. Employers can’t just put what they want into a contract and say ‘cos contract’. The equality act and employment law will take precedence over contract terms like this.

BritInUS1 · 05/05/2022 09:50

I'm confused, are you on maternity leave now or not?

It looks like you came back in February and are now on maternity leave again, is that correct?

Soontobe60 · 05/05/2022 09:55

If you’re still on Mat leave, receiving only SMP, you wouldn’t get a pay rise surely? Perhaps your employer intends to complete your PR when you return, and back on salary?

Frankie412 · 05/05/2022 09:55

PayRiseQ2022 · 05/05/2022 09:33

I returned from my first maternity leave in February that year, so the issue didn’t arise. I’ve just been through my paperwork and found a letter confirming my pay rise, from 2 months after my return. I’ve also found the letters confirming every other pay rise up until 2019. In 2020 we didn’t get one, which was due to covid. In 2021 I also didn’t have a letter, but negotiated multiple rises for myself, starting in January.

I also found my most recent contract, from 2012 when I finished my training contract. I am entitled to a pay review every year on 1 April, but there is no entitlement to an increase as a result of this review.

I need to ask them the outcome of my pay review don’t I?

Were you the only one who got raises last year and was the last one quite recent? Is it possible they consider that the last of your multiple raises last year was this one in advance?

BuanoKubiamVej · 05/05/2022 10:05

As you are currently on ML and only getting SMP no pay rise would be applied yet and the employer shouldn't be requiring you to take part in meetings - they should generally be leaving you alone unless you initiate contact except if there's a opportunity that you would be eligible to for if you weren't on Leave because excluding you from any process that could advance your position solely because you are on ML amounts to illegal discrimination.

So, if getting a pay rise was linked to a performance review then they are obliged to have a performance review for you, with reasonable adjustment that it only covers the time before you went on leave, and your pay rise should be based on that.

If it wasn't linked to the performance review specifically then you should just be given an appropriate raise the same as you would have been if you hadn't been on leave.

You are fully entitled to enjoy every benefit that your peers get while you are on leave. This includes pay rises.

My advice would be that when you start corresponding with your line manager regarding your return to work, you ask then. Phrasing it on the assumption that of course they will already have thought of this and obviously they wouldn't be so crass and sexist as to penalise a womam for taking Leave by excluding her from the normal pay review process. The market rate for your skills and experience hasn't stagnated just because you have been away for a few months.

Original poster
PayRiseQ2022 · 05/05/2022 10:24

BritInUS1 · 05/05/2022 09:50

I'm confused, are you on maternity leave now or not?

It looks like you came back in February and are now on maternity leave again, is that correct?

The mention of February was relating to my last maternity leave, which was a few years ago. I am currently on leave until the summer.

OP posts:
Original poster
PayRiseQ2022 · 05/05/2022 10:26

Soontobe60 · 05/05/2022 09:55

If you’re still on Mat leave, receiving only SMP, you wouldn’t get a pay rise surely? Perhaps your employer intends to complete your PR when you return, and back on salary?

No because any pay rise awarded before the end of my ML needs to be backdated to the start, so my initial 90% salary 6 weeks SMP will be affected. That’s why my question is, am I entitled to a pay rise?

OP posts:
Original poster
PayRiseQ2022 · 05/05/2022 10:28

Frankie412 · 05/05/2022 09:55

Were you the only one who got raises last year and was the last one quite recent? Is it possible they consider that the last of your multiple raises last year was this one in advance?

Show quote history

I don’t know if I was the only one. The last one was a year ago, in April. Surely just because there were no increases across the board last year, doesn’t mean I’m not entitled to one this year when there have been? (By “across the board” I mean all staff got an individual rise, not a flat % rise)

OP posts:
Original poster
PayRiseQ2022 · 05/05/2022 10:31

BuanoKubiamVej · 05/05/2022 10:05

As you are currently on ML and only getting SMP no pay rise would be applied yet and the employer shouldn't be requiring you to take part in meetings - they should generally be leaving you alone unless you initiate contact except if there's a opportunity that you would be eligible to for if you weren't on Leave because excluding you from any process that could advance your position solely because you are on ML amounts to illegal discrimination.

So, if getting a pay rise was linked to a performance review then they are obliged to have a performance review for you, with reasonable adjustment that it only covers the time before you went on leave, and your pay rise should be based on that.

If it wasn't linked to the performance review specifically then you should just be given an appropriate raise the same as you would have been if you hadn't been on leave.

You are fully entitled to enjoy every benefit that your peers get while you are on leave. This includes pay rises.

My advice would be that when you start corresponding with your line manager regarding your return to work, you ask then. Phrasing it on the assumption that of course they will already have thought of this and obviously they wouldn't be so crass and sexist as to penalise a womam for taking Leave by excluding her from the normal pay review process. The market rate for your skills and experience hasn't stagnated just because you have been away for a few months.

Thanks, this is my understanding. I have already agreed my return date though so I will need to start a new conversation as I don’t want to leave it.

OP posts:
Original poster
PayRiseQ2022 · 05/05/2022 10:33

I’ve just messaged a colleague I’m close to and she has confirmed that as far as she knows everyone got one and they received the letter on Friday.

OP posts:
NewNormalLife · 05/05/2022 13:22

The Instagram account called Pregnant then Screwed had a free advice line for enployment/maternity discrimination issues. might be worth calling them

0161 222 9879
pregnantthenscrewed.com/event-march-of-the-mummies/

fwiw my company did as the Hr professional said above. they gave me the same performance score I had received the year prior and paid me a bonus the same as I'd receive if I was in work, except that they pro rated it for the time I was on additional maternity leave (after the statutory 9 months as I took a year).

LaurieFairyCake · 05/05/2022 15:55

I would just send an email to manager/HR saying 'this is a quick prompt as I've not yet received my bonus and bonus letter. Please confirm this has been actioned'