Maternity Leave and Equal Pay

Equal pay law is there to protect you during maternity leave in the same way as it is while you are working.

Maternity leave and equal pay issues are usually connected to bonuses or pay rises that have been given while you are on maternity leave.

Bonuses

If your bonus is contractual, then it will be covered by equal pay laws as it is part of your pay. You would not normally be entitled to receive it during OML or AML, unless your employer has a specific policy that states otherwise.

If your contractual bonus requires you to have been at work or to have contributed to the output or profit of the business in the period you were on maternity leave, the employer can reduce your bonus for this time.  But you are entitled to receive a pro-rata bonus for the time that you were not on maternity leave.

If you did not receive this part of your bonus or your employer refuses to give you any bonus as a result of your maternity leave then you may be able to bring a claim under the Equal Pay Act.  (In this instance you do not have to compare yourself to a male colleague in order to make a claim).

If your employer gives discretionary bonuses which are not regulated by your contract of employment they fall outside the Equal Pay Act.  If you wish to challenge the award of a discretionary bonus on the grounds of gender, a claim can be brought under the Sex Discrimination Act.

The law surrounding bonuses is particularly complex, if you think that you may have a claim, please contact Leigh Day & Co on 0800 037 4045.

Pay Rises

If you would normally have received a pay rise while on maternity leave this should be included when calculating your maternity pay.

Again you do not need to compare yourself to a man when making a claim on this basis.


If you believe that you have not been receiving your correct entitlement due to maternity leave and think you may have a claim against your employer please contact Leigh Day & Co on 0800 037 4045.