Miss K Thomas v Maximus UK Services Ltd — 2024

The claimant was originally employed on Remploy terms, which included contractual maternity pay for 26 weeks at 90% of contractual pay. After promotion she signed a Maximus contract, under which maternity pay was less favourable. She first discovered the difference when she requested a breakdown of anticipated maternity pay, and her grievance and appeal were rejected.

The tribunal found that enhanced maternity pay was capable of being wages and that the claimant could bring an unlawful deduction claim based on the respondent's exercise of discretion under the contract. It found that the respondent had not drawn to the claimant's attention the significant loss of maternity pay entitlement if she accepted promotion and moved to Maximus terms.

Applying the Scally principles, the tribunal found that the relevant contractual terms had not been individually negotiated, that the Remploy maternity provision was a valuable right, and that the claimant could not reasonably have been expected to know about the specific loss unless it was brought to her attention. The tribunal concluded that the enhanced maternity pay was properly payable and that the respondent had made an unlawful deduction from wages. Remedy was adjourned.