Following the “Alabaster” judgement does anybody clearly understand what employers have to do.

We have an employee who started her Maternity period on the 25 July 2005. She has received her 6 weeks @ 90% average wkly earnings and is now receiving her 20 weeks @ £106.00 ( lower rate SMP)

We are due to implement an annual salary review effective 1st October 2005. Do we have to review her 6 weeks SMP and adjust accordingly as she would be due an increase in pay effective 1st October 2005, even thought she went on Maternity leave in July?

Secondly, do we have to do this or do we wait until she makes a claim for the additional pay?

Thirdly, does anybody agree that this is unfair to all employees who are not on Maternity leave as they cannot benefit from a pay increase before the effective increase date?

Alex Grundy

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