Pay Rise & maternity pay UK

My company calculated my maternity pay on the average of hours I worked up to the date I could qualify for MAT Leave which was was based on hours I worked up to December. With minimum wage going up and knowing I would get a rise had I not been on maternity, I requested a rise, this has been refused as my maternity pay is already calculated. I have been advised that my pay will only be reviewed upon my return to work from maternity as it is already calculated. Am I wrong in thinking I am being discriminated? I am not sure if I should argue this further, or wait until I return to argue a bigger rise as by that time there will likely be another increase etc. The business has portioned out my job role among 3 other staff whilst I am on leave, I can't help but feel mistreated given that everyone else is going to get a rise. I'm not sure where to even go for any proper advice 🤦‍♀️
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In my opinion your question answers itself. You said there are 3 other people that are doing your job right now. I think those three should get your raise. I don’t think you are being discriminated against. Am I missing anything?

OK, I feel mistreated because there are 80+ staff in the business and I am the only person being excluded because I am now on maternity leave. I am not quite sure how it is all suppose to work as I am a FTM, maybe I'm just looking at it all wrong 😕

Your employer cannot withhold a payrise because your on maternity leave. This would be maternity discrimination. Check out the Gov.uk website link below. https://www.gov.uk/guidance/statutory-maternity-pay-employee-circumstances-that-affect-payment#employee-earnings-affected-by-a-pay-rise

You aren’t working but still getting paid. How does it make any sense for you to get raise on top of that? Your argument doesn’t hold any water. In a court case you would loose.

@Sarah- Jayne they aren’t refusing the raise because you are on maternity leave. They aren’t dumb enough to say that. You would get employee evaluation boxes that you won’t be able to check off if you aren’t there. So, that’s why you won’t get a raise. You @incognito should probably seek a lawyer if you are that concerned instead of online.

I had read that on the website which is what made me feel let down by my company, I'm not sure if maybe I am just over thinking it as the pay was worked out in December, maybe I shouldn't qualify for a rise

Was your pay raise effective anytime between the start of the 8 week period or the end?

I started mat leave yesterday, I haven't recieved a rise, but the conversations were taking place 2 weeks ago and my boss advised I wouldn't be included as I am hourly paid, the roll out will be only for salaried staff and minimum wage, the leadership teams rise is currently under review but will be increased (I am an hourly paid manager)

Speak to ACAS, they'll be able to advise accordingly 😊

yeah I think I will do 👍🏻

Define “raise”. Do you mean minimum wage increase or a merit based raise?

both so everyone on minimum wage, then salaried management are recieving a percentage as a pay rise, and the leadership team who are hourly are also going to recieve a pay rise set out by the business its just that figure isn't confirmed yet, the only thing I know is I am not included until I return

It’s still under review it seems from what you said. Your group hasn’t had their raise yet. It’s not like there are starting this thing tomorrow and excluding you. You just got to be patient until they do it.

@Artemis it might be different in Canada than it is in the UK. But if everyone else if receiving a raise and your not because your on maternity leave that is discrimination!

but my boss has emailed me saying mine won't be reviewed until I return to work? it isn't exactly my group either as I am paid alot more than the leadership team already, within the company I am in a unique job role which is why I'm paid differently, I'm going to ring acas for advice today 👍🏻

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@Sarah- Jayne I got that part from UK website you posted.

It sounds like you wanted to do that all along. Go ahead then. Good luck. :)

I was just open to hear what other people thought of the situation before I rang acas 👍🏻

I got promoted to a band 6, literally 4 weeks before I went on maternity, but I wasn’t entitled to the pay increase while on maternity, so I was dropped down to a band 5, but once returned they put me back up to a band 6. There is something that states your money is calculated before a number of weeks of your pregnancy. So, no you aren’t being discriminated against.

@Emily that's sounds bad, can't belive that that is how it works, it's so backwards, but if that's your situation I'm sure mine is pretty similar

Assuming you are in the UK? Yes, if you are not receiving a pay increase because you are on maternity, this is potentially discrimination. Especially if you would be due a revision to bring you up to minimum wage. "It is already calculated" is not correct - please look up "alabaster payment", it's very common, you'd be entitled to it, and any payroll professional worth their salt would be able to calculate it. Remember, your company can claim 92% of all SMP they pay you back from the government! So it wouldn't exactly be causing them hardship to review your pay. I can't comment on any other country's legislation. Source: Finance Director, works v close with HR and Payroll.

@Emily that 200% sounds like discrimination. You were promoted to a band 6 but they dropped you to a band 5 so they wouldn't have to give you a pay increase?? Yes, SMP is calculated on the AWE over a qualifying period. The Alabaster ruling determined that this needs to be recalculated if you receive a pay increase. Please contact ACAS, and research Alabaster.

Great explanation from @Em I had the same thing happen because I'm a teacher so my salary goes up each September. Send them that gov link @Sarah- Jayne posted.

@Em I can guarantee you wasn’t discrimination 😂 I was paid it for the time I was working but while on maternity my pay had already been worked out. Before my return it was moved to a band 6 so all future payments were at the correct increase!

I mean it didn’t bother me in the slightest. I got a general pay increase as while I was on maternity the NHS got the pay increase, so I was entitled to that while on maternity but the band 5-band 6 I wasn’t entitled to. Like I said it didn’t bother me as I knew on my return I was going to be on the correct pay increase.

I would contact citizens advice for clear advice but as far as I’m aware whilst you’re on mat leave you are entitled to any pay rises etc. it is discrimination x

https://www.citizensadvice.org.uk/law-and-courts/discrimination/check-what-type-of-discrimination-youve-experienced/pregnancy-and-maternity-discrimination/

I thought I'd just provide an update, from speaking with acas and explaining the situation they have advised my pay should be reviewed and to exclude me would be classed as discrimination as the pay that has been calculated should be reviewed and recalculated based on what rise I would have recieved had I not been on maternity, so I will go back to my company to provide them an opportunity to resolve this informally 😊

Good luck!

Good luck you got this!!!

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I got 2 raises while on maternity leave.

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