In Alabaster v Woolwich plc and Secretary of State for Social Security, the EAT has ruled that an amendment made to the Statutory Maternity Pay Regulations failed to implement fully the European Court's decision in the Gillespie case because it does not allow women on maternity leave the benefit of pay increases that are not backdated.
In Alabaster v Woolwich plc and another, the EAT holds that a woman was entitled to see the benefit of a pay increase awarded before she went on maternity leave reflected in the calculation of her earnings-related, higher-rate statutory maternity pay ("SMP").
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