SCHEDULES
SCHEDULE 9Work: exceptions
Part 3Other exceptions
Non-contractual payments to women on maternity leave
17
1
A person does not contravene section 39(1)(b) or (2), so far as relating to pregnancy and maternity, by depriving a woman who is on maternity leave of any benefit from the terms of her employment relating to pay.
2
The reference in sub-paragraph (1) to benefit from the terms of a woman's employment relating to pay does not include a reference to—
a
maternity-related pay (including maternity-related pay that is increase-related),
b
pay (including increase-related pay) in respect of times when she is not on maternity leave, or
c
pay by way of bonus in respect of times when she is on compulsory maternity leave.
3
For the purposes of sub-paragraph (2), pay is increase-related in so far as it is to be calculated by reference to increases in pay that the woman would have received had she not been on maternity leave.
4
A reference to terms of her employment is a reference to terms of her employment that are not in her contract of employment, her contract of apprenticeship or her contract to do work personally.
5
“Pay” means benefits—
a
that consist of the payment of money to an employee by way of wages or salary, and
b
that are not benefits whose provision is regulated by the contract referred to in sub-paragraph (4).
6
“Maternity-related pay” means pay to which a woman is entitled—
a
as a result of being pregnant, or
b
in respect of times when she is on maternity leave.