AIBU No Access to Work Benefits due to Mat Leave

[grace1989x]

So I currently work for a tech company and have been there less than a year so I'm only entitled to SMP. Which is fine as I understand the rules. However, my work has has work benefits such as an electric car scheme, tech salary sacrifice scheme and medical care.

However, I've been told I cannot be approved for any of the schemes as I will be off on maternity leave for 6 months.

I feel this is totally unfair as I'm sure there are people who have been approved who will leave the company or others who may be off sick long term and unpaid. I know these are all unforeseen events that can happen with employees but these people are covered.

At my previous roles any benefits payments would be paused until the employee returns to full salary or in the event of leaving the company would arrange payment for outstanding benefits.

I feel I am being treated unfairly as I will be starting maternity leave in March and have been basically told by HR I cannot use any work benefits till I'm back.

I just wanted to ask am I being treated unfairly?

Yes surely you're being discriminated against as a result of your pregnancy for the period Jan - March? I'm not a lawyer.

Speak to Pregnant and Screwed.

Surely you have access to them apart from when you are not receiving salary from them?

Well they've said I cannot be approved access at all as I will be on maternity leave from March and can only reapply when I am back. Because I will be on SMP they can't deduct money from me.

But I'm sure they can pause payments till I return.

So what exactly would they do for people already making payments then later going on maternity leave? Remove their vehicle because they can no longer make payments? Absolutely sounds like discrimination to me.

The law on this is unclear. The courts have decided that, where employees get childcare vouchers on a salary sacrifice scheme, the employer does not need to provide vouchers whilst the employee is on maternity leave and hence has no salary to sacrifice. It is not clear what they would decide about other salary sacrifice schemes.

Isn’t it something about not being able to make deductions tgat would take you below NMW? Happy to be wrong here as it’s just some half remembered thing.

There’s not really any set guidance on this unfortunately, are all the benefits you mentioned based on salary sacrifice?

Yeah but she's not maternity leave yet.

I think a lot of people have missed that you are not yet on maternity leave. Pregnant then Screwed could likely give at least some advice.