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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50202
Experience:  Qualified Employment Solicitor
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If we offer enhanced maternity pay to an employee, and during

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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?
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 2 years 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.
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Customer: replied 2 years ago.
Hi Ben, thank you so much for your response.Lisa
You are welcome, all the best