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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47362
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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If we offer enhanced maternity pay to an employee, and during

Customer Question

If we offer enhanced maternity pay to an employee, and during their Maternity leave their annual salary rises, are we required to recalculate their enhanced maternity pay for the entire period of the maternity leave, as we do with SMP?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Was the rise discretionary or contractual?
Customer: replied 1 year ago.
Contractual.
Expert:  Ben Jones replied 1 year ago.
You should ensure that the new rate of pay is implemented in the way the maternity pay is calculated. So you would need to adjust her payments from the date of the rise to ensure that going forward they reflect the new pay. If you do not, then that would likely amount to discrimination – if she had not been on maternity leave then she would have received her increased pay so if you do not reflect the new pay in the maternity pay, you would be treating her detrimentally because she is on maternity leave. So you do not need to backdate the payments but ensure they are considered going forward.
I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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Customer: replied 1 year ago.
Hi Ben, thank you so much for your response.Lisa
Expert:  Ben Jones replied 1 year ago.
You are welcome, all the best

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