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Maternity pay: Benefit of non-backdated pay increase should have been added to maternity pay

This report relates to 1 case(s)

In Alabaster v Woolwich plc and another 7.4.00 EAT 558/99, 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"). An amendment to the SMP Regulations failed fully to implement the ECJ's ruling in Gillespie and others v Northern Health and Social Services Board and others [1996] IRLR 214 because it applied only to backdated pay increases, while the ECJ drew no distinction between backdated and immediate pay increases.