Employee qualifies for Maternity Pay, company has no formal written policy and this is the first time Maternity Leave and Pay has come up…. all fine so far Statutory Maternity Pay it is?? BUT what if any male employees who have taken paternity leave and received paternity pay in the past have had their pay made up to their normal salary while they have been on paternity leave (when Paternity leave was 1 or 2 weeks only).
Where does this leave the company re female employee taking maternity and pay? surely only paying statutory SMP would result in the employee being unfavourably treated because of her being a woman and the length of leave she is legally entitled to take.
Do we have to pay her full leave entitlement (total 12 months or just 9 months SMP is due for???) at full pay to avoid legal action of discrimination seeing as male employees received this treatment and it is not the employee fault or concern that they were legally permitted 2 weeks and she is legally permitted upto 12 months with 9 months payable with statutory SMP
Any thoughts or guidance would be appreciated as Equality Commission and Labour Relations Agency – ACAS equivalent (I’m in Northern Ireland) are both not being very helpful with guidance or advice.
