Can my employer do this?

A0503 · 11 July 2017 at 10:50AM

Hi,

thanks again for all your replies, I am deleting this now as the situation has been resolved.

gettingtheresometime · 11 July 2017 at 11:06AM

Without wishing to have to put my tin hat on when are you going on maternity leave ? Is a big firm ?

If it's going to be soon then would the payrise etc affect your maternity pay?

tbh it sounds as if they were abit daft in even raising the issue - if they had any doubts then they should have shut up, said nothing and waited until you returned.

A0503 · 11 July 2017 at 11:23AM

deleted as resolved.

ssparks2003 · 11 July 2017 at 11:28AM

Unless it states in your contract or handbook that the payrise will come in to effect X days after a pay review then the company can do as it wishes; why would the company wish to pay you more whilst you are not being productive (in a works sense)

A0503 · 11 July 2017 at 11:30AM

deleted as resolved.
.

shortcrust · 11 July 2017 at 11:33AM

The last promotion I got didn't come into effect until three months later when I actually started carrying out the extra duties. I didn't see the problem with that. I'm not sure how this is different.

A0503 · 11 July 2017 at 11:37AM

Hi Shortcrust - thank you - I should of explained in my first post I have been carrying out the extra duties and working at the higher grade for the last two years - its just been a hard time with lots of changes and our department did not have a figurehead in place until Christmas last year, hence why promotions are only just taking place now.

ssparks2003 · 11 July 2017 at 12:23PM

A0503 wrote: »

Hi Ssparks - it would be discrimination under the Equality Act 2010 to treat me any differently to any other employee due to me being on maternity leave, ie deferring a payrise or promotion, so no the company can't do as it wishes as there are laws/acts in place for a reason to protect employees.

So is there anything in your handbook or contract defining when you will recive pay increases. otherwise the pay award may be at the managers discretion; they are not obliged to give you more money,

engineer_amy · 11 July 2017 at 12:55PM

Are you entitled to Company Maternity pay, over and above the statutory maternity pay?
If you are only entitled to SMP then an award of higher wages now (or next pay run) will have absolutely no effect on the amount of SMP you receive.
You receive 90 % of average weekly earnings for 6 weeks, however the figure used to calculate the AWE is based on an 8 week average in the 8 weeks preceeding the 15th week before the baby is due.

You say you are finishing at the end of the month - If, example, your due date was 14th August, the Qualifying week would be 15 weeks before that - week ending 7th May. The AWE figure is calculated on the average earnings between the 13th March and 7th May.
Therefore if your payrise was not already in effect by those dates, it has no effect on the 90% payment for the first 6 weeks. Obviously you can adjust those dates depending on your actual due date.

So regardless of whether they apply the payrise from the next payrun after the pay review, or after you return from maternity, it has no effect on your pay, so cannot be discriminatory.

The calculations change if you are entitled to some form of enhanced company maternity pay. that would be down to company policy.

A0503 · 11 July 2017 at 1:00PM

deleted as resolved.

A0503 · 11 July 2017 at 1:10PM

Hi Engineer - thank you for that info.

I am entitled to a company maternity pay package, SMP for me doesn't start until the last 3 months.

Can my employer do this?

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