SMP & OMP (NHS Workers)

nottslass_2

Hi, I've worked 18.5 hours pw for My local NHS Trust for nearly 6 years.

Iam due to start maternity leave on Dec 11th. In Oct I received my "MATERNITY SCHEDULE" stating it was confirmation on maternity leave and pay being taken.

The above informed me that I was entitled to :

8 weeks @ full pay (including SMP)
18 weeks @half pay (plus SMP)
13 weeks@ SMP only.

Today I received a break down of the actual amounts that I will be paid and it appears that my employer has now decided that they are not going to pay me the 18 weeks at half pay plus SMP and will now only be paying me :

8 weeks @ full pay
18 weeks SMP plus approx 20% of my Normal wage (not the 50% as originally told)
13 weeks @SMP

The only explanation I've been given is that The 18 weeks smp + half wage would equate to more than my normal wage !!!

Can they do this ?

MY points are:

They'd already put in writing that I'd be receiving SMP + OMP (at 50%)

Surly Its discrimination against the lower paid staff if they'll only pay SMP plus 50% OMP to the higher paid staff.


Any ideas ?

Willsnarf1983

what does your contract say?

Will

Anihilator

Of course they can. You cant seriously expect to be paid more than normal.

nottslass_2

Anihilator wrote: »

Of course they can. You cant seriously expect to be paid more than normal.

So why did they put in writing that this is what they would be paying me ?

nottslass_2

Willsnarf1983 wrote: »

what does your contract say?

Will

There is nothing as such in my contract - But the staff handbook states that after 1 years service I am are entitled to :

8 weeks @ full pay (including SMP)
18 weeks @half pay (plus SMP)
13 weeks@ SMP only.

surreysaver

And why should you earn more money than a male worker? That is illegal under the equal pay act. It just seems someone has fluffed up in the wording of the policy - the policy seems to have been worded around full-time workers. It should read 'SMP plus half pay, or half pay, whichever is the less'. At least you women get the time off and pay - men aren't even allowed to take a year off with no pay!

chrisbur

It is my personal feeling that you have a very good case. You have a letter saying you will get SMP plus half pay and a handbook saying the same; so unless the handbook has any qualifications about part-timers rights and conditions I think you should look further into this. If you are in a union they may be able to give advice or possibly ACAS.

nottslass_2

chrisbur wrote: »

It is my personal feeling that you have a very good case. You have a letter saying you will get SMP plus half pay and a handbook saying the same; so unless the handbook has any qualifications about part-timers rights and conditions I think you should look further into this. If you are in a union they may be able to give advice or possibly ACAS.

Thanks - I've just spoken to ACAS helpline & they basically said what you have said and its breech of contract. They also said there could be a case for discrimination against part time workers if they are treating full time employees more favourably than the part timers

I'm in the union so will speak to them 1st thing Monday morning.

Thanks again

nottslass_2

surreysaver wrote: »

And why should you earn more money than a male worker? That is illegal under the equal pay act. It just seems someone has fluffed up in the wording of the policy - the policy seems to have been worded around full-time workers. It should read 'SMP plus half pay, or half pay, whichever is the less'. At least you women get the time off and pay - men aren't even allowed to take a year off with no pay!

I don't think it would be illegal under the equal pay act - SMP is a government funded benefit and not earnings.

Andy_L

Looking at the agenda for change handbook
http://www.nhsemployers.org/SiteCollectionDocuments/afc_service_handbook_aw_010708.pdf

"5.21 Where an employee intends to return to work the amount of contractual
maternity pay receivable is as follows:
i) for the first eight weeks of absence, the employee will receive full pay,
less any Statutory Maternity Pay or Maternity Allowance (including any
dependents’ allowances) receivable
ii) for the next 18 weeks, the employee will receive half of full pay plus
any Statutory Maternity Pay or Maternity Allowance (including any
dependents’ allowances) receivable, providing the total receivable
does not exceed full pay
iii) for the next 13 weeks, the employee will receive any Statutory
Maternity Pay or Maternity Allowance that they are entitled to under
the statutory scheme. "

surreysaver

nottslass wrote: »

I don't think it would be illegal under the equal pay act - SMP is a government funded benefit and not earnings.

The Company Maternity Pay above the SMP isn't a Government benefit.