The Department for Education (DfE) advice sets out the steps that schools should take to prevent discrimination in pay arrangements for teachers; the principles can be applied equally to support staff. The NEU is campaigning to eradicate performance- related pay in the education sector as it is arbitrary and discriminates against women.
Your rights
While you are on maternity leave, it would be unlawful to deny pay progression because of your maternity. During your absence you must receive any pay increase that you would have received had you not been on maternity leave.
All eligible staff should receive pay progression unless they are subject to formal capability procedures and have not made sufficient progress to resolve those concerns in spite of having support from the school. You should certainly not be denied pay progression if you were not informed before your maternity leave that you were not performing to standard.
Note that it is possible for teachers on the main pay range (MPR) to apply to the upper pay range (UPR) during maternity leave. If you are eligible, we encourage you to apply.
If you are denied any pay award, you are entitled to appeal the decision. Most pay appeals are successful as employers realise that they are unlikely to be able to defend a decision to deny a pay award to a pregnant woman or new mother – the decision is likely to be discriminatory on grounds of sex, pregnancy or maternity.
Statutory maternity pay (SMP)
Where a pay rise is effective between the start of the calculation period for SMP and the end of maternity leave – ie a pay rise from week 18 of your pregnancy – your employer must re-calculate your average earnings and pay you any additional SMP to which you are entitled. If you have been receiving MA, a pay rise might mean that you now qualify for SMP. You should ask your employer to recalculate your average earnings and if you do now qualify for SMP, your employer must backdate the increase in your maternity pay. Your employer should advise you on how the change impacts your earnings.
Occupational/contractual maternity pay
Where a pay rise takes effect during your maternity leave, your occupational maternity pay must be recalculated and increased from the effective date of the increase. For example, if you start your leave in July and your pay is reviewed in October, a pay rise effective from 1 September must be applied to the occupational maternity pay that you receive from 1 September, so you will be entitled to some back-pay. Refusing to apply the increase until your return from maternity leave would be unlawful. Your substantive salary must then be adjusted to reflect the pay rise upon your return to work.
The NEU recommends that a revised breakdown, forecast and pay adjustment is provided within 14 days of any pay increase during your pregnancy or maternity leave.
Your actions
❱ Make sure that you are prepared well in advance of any discussions around your pay. Your NEU workplace rep or school office should be able to help you locate your pay policy and any appraisal policy.
❱ Consider speaking to your NEU rep, and women at work who have taken maternity leave, for tips and advice on pay rises and pay appeals. Networking with other women can help you understand and protect your rights.
❱ If your employer still links pay to performance, raise the fact that you intend to take maternity leave when you agree your appraisal objectives so that they are achievable in the time available. If your objectives have already been set, ask for your objectives to be adjusted to take account of your proposed absence.
❱ Seek confirmation that your employer will automatically apply and notify you of all annual cost of living increases to your statutory and occupational maternity pay.
❱ Follow your school’s pay policy criteria for passing the threshold if you are a teacher on the main pay range (MPR) so that you are prepared in advance in the event you become pregnant and take maternity leave before you have progressed onto the upper pay range (UPR).
❱ If you are a teacher at the top of the MPR, make a note of the deadline for applying to UPR and submit your application.
❱ If you are denied a pay award or pay progression during or after your pregnancy or maternity leave, we recommend that you appeal the decision; most pay appeals are successful. You can read our guidance and speak to your rep or your local branch for advice and support.
❱ Keep records and screenshots of your conversations and communications with your employer about your pay and confirm all important conversations by email.
❱ Use and share the practical packs of NEU Maternity Matters resources. Advocate for your school to adopt the NEU model policies – to improve the pay and working conditions of other new mothers at work.
❱ If you need further advice about your rights at work, contact the NEU AdviceLine.
