SMP and KIT days

Arcey80

Ok, my partner is on maternity pay and being paid the SMP by their employer. They have since done KIT days at their place of work to help them out when they were short staffed. However, for each shift of 6 hours she has done, she has been deducted a days worth of SMP. Are they allowed to do this?

For the 6 hours worked, taking the deduction into account she has worked for just over £4 an hour, well below the minimum wage! If she had worked less hours then the pay rate would work out at even less!!

Having read the employer handbook it states that the amount worked will be 'offset' from the SMP.

Looking at the government website it states:

"For any KIT days that you work under your contract of service for the employer paying you SMP, your employer must pay you the SMP due for that week as a minimum"

So in other words if she worked 2 hours as a KIT day she wouldn't actually get paid because you lose £17.82 as its the SMP you get paid anyway but the amount earnt from working would only be £15 if she was on £7.50 an hour and they have to pay at least £17.82. Am I understanding it right?

Any help appreciated as it just doesn't seem to add up and the Employer is refusing to budge.

tigtag02

This is correct - she is paid her normal rate for the work she does not the SMP. She can't have both.