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creditcruncha

Maternity Pay Eligbility Question

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My cousin was told by her employer that she wasn't elibilge for maternity pay because she earned less than £77/week average in the relevant 8-week calculation period. In scrutinising the employer's calculation it appears she actually earned more than they said as they forgot to account for some specific payments, but the average is just literally a few pence short of £77.

Is it permitted to round up to the nearest pound to qualify for the £77 threshold, or is there any special request that can be made to account for such a hairline gap?

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Guest Old_andrew2018

You could send a PM elche, sidewinder or ell-enn with a link to your thread, they all have some expertise in HR issues.

 

Andy

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Hi CC

 

The lower earnings limit to qualify for SMP is £95 per week now (pre April 2009 £90 per week)

 

DWP - Technical guidance - NI17A - Statutory Maternity Pay (SMP) (a)

 

Sorry, but I'm not sure where has the £77 figure has come from? Am I missing something here?

 

Che


...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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Hi CC

 

The lower earnings limit to qualify for SMP is £95 per week now (pre April 2009 £90 per week)

 

DWP - Technical guidance - NI17A - Statutory Maternity Pay (SMP) (a)

 

Sorry, but I'm not sure where has the £77 figure has come from? Am I missing something here?

 

Che

 

Che many thanks for your note. This applies to 1993 when the £77 threshold was in place.

Edited by creditcruncha

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Sorry, CC.

 

But with the utmost respect if this applied to 1993, why ask the question now? :confused:

 

Even contractually you would be statute barred from claiming.

 

Che


...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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Che, apologies - I've been number crunching and must have been googlie-eyed for a moment. The issue relates to 2003 (not 1993) and it is not statute barred yet. There are specific reasons for her not having been able to claim before due in part to intimidating conduct of the employer and their exploitation of her (lack of) job prospects elsewhere.

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