23 April 2008
Experts are warning that changes made to the definition of
"remuneration" in the Sex Discrimination Act could mean that
employers will be liable for pension contributions for the whole of
the maternity leave and not just 39 weeks as stated in the
legislation.
Kate Gater, a partner at Berwin Leighton Paisner, said:
"Potentially, employers are open to claims by employees for pension
payments during the whole of their maternity leave. Because the
definition states "payments" to the employee as meaning wages or
salary, it can be argued that pensions are outside this definition,
so an employer would have to continue contributions for both
ordinary and additional maternity leave, whether or not the
employee is getting statutory pay."
Equality campaigners have urged the government to clarify the
law.
