⚠ Had a baby in the last 5–6 years? Or do you employ someone who has? Run through these quick checks — then download our free fact sheet.
⏰ Time limit — act now Employers can voluntarily correct underpayments at any time with no time limit. But if you need to make a formal legal claim, you can only go back 2 years from the date of the last underpayment. The sooner you check, the more you can recover.
🏢 Employers
Practice owners & managers
- ✓Identify any staff on maternity leave in the last 5–6 years
- ✓Pull up their payslips from the maternity leave period
- ✓Check employer pension contributions — were they based on full salary or reduced SMP?
- ✓Calculate any shortfall (full salary × contribution rate ÷ 12, per month)
- ✓Contact your pension provider (e.g. NEST, People’s Pension) to make backdated corrections — no time limit for voluntary corrections
- ✓Update payroll settings so future maternity leave is calculated correctly
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❤ Mums
Employees on or returning from leave
- ✓Confirm you were in a workplace pension (e.g. NEST, People’s Pension) during maternity leave
- ✓Find your payslips from the maternity leave period
- ✓Check the employer contribution — does it match your normal pre-leave salary rate?
- ✓Calculate what it should have been (pre-leave salary × employer rate ÷ 12)
- ✓Raise any discrepancy with your HR or payroll team in writing
- ✓Act quickly — formal legal claims are limited to 2 years back from the last underpayment. Don’t delay.
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Who does — and doesn’t — this affect?
- ✓Employees working under a contract of employment
- ✓People auto-enrolled in a workplace pension — such as NEST or People’s Pension
- ✗Self-employed people — not affected
- ✗Company directors, shareholders, or owners of small limited companies without a contract of employment — not affected
The same rules also apply to paternity, adoption and shared parental leave.
