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Answer by Anna Docherty

In UK law, a female is entitled to Statutory Maternity Pay (SMP) if she has been employed continuously for 26 weeks, 15 weeks before the expected week of the baby’s arrival.

SMP is payable for the first 6 weeks of maternity leave at 90% of basic salary and then 33 weeks at SMP rate of £117. In terms of being “employed”, maternity rights are only available for employees on permanent employment contracts and not for those contractor or agency contracts. I have not seen your employment contract or NHS policies for maternity leave and can only assume that their criteria for their enhanced maternity payments is permanent employment, as opposed to agency work and this would be consistent with the law. Therefore it seems that they are within their rights only to pay you statutory maternity pay. 

However, some businesses these days do tend to err on the side of caution with such cases where individuals have effectively worked for the company previously (albeit with an indirect employer) and therefore honour continuous service for the purposes of maternity leave (to avoid any cause for discrimination claims potentially - and to not be perceived as just being pedantic for the sake of some 'minor' cost savings in the bigger scheme of things). 

You could talk to the HR person you mention and see whether there is any latitude using this angle. Good luck!

While every care has been taken in compiling this answer, WorkingMums cannot be held responsible for any errors or omissions. This information is not intended to be a substitue for specific legal advice.  

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