Incorrect SMP - how long to reclaim?

[dhxxx]

I had never heard of the alabaster ruling until recently and when I was on maternity leave, I had a 10% pay rise but never received the additional smp that should have been recalculated. I returned off maternity in January of this year.
Before I go to the payroll dept, does anyone know if you can ask them to pay this after this long?

My fault I guess for not doing my homework but maternity pay (and the calculations) are a minefield at the best of times!

If you are in England and Wales. you can make a claim for money owed up to six years I believe.

Yes it's 6 years, but I would have thought the payroll department should have made the necessary changes when the payrise took place. I'm in the same boat, only just found out too but my payroll department refusing the recalculation.

@dhxxx and @Zayyus write to your Payroll Manager and copy in the Head of HR.

Provide them with this link https://www.gov.uk/guidance/statutory-maternity-pay-employee-circumstances-that-affect-payment#employee-earnings-affected-by-a-pay-rise to the official guidance.

Provide them with a link to the court of appeal judgement https://www.bailii.org/ew/cases/EWCA/Civ/2005/508.html

Advise them that their failure to automatically recalculate your maternity pay is maternity and pregnancy discrimination and unlawful deduction of wages. State that you are giving them 4 weeks to resolve this or you will contact ACAS to trigger early conciliation.