NC'd for this one. Hoping one of you lovely employment lawyers can help.
We have a share scheme at work (a SIP). I've asked about taking up the option to join this year (as I have done in previous years). I meet the eligibility criteria (being employed and not under notice on two dates), but I will be on maternity leave receiving SMP on the latter date, when the shares are purchased.
We can contribute the lowest of:
£1,000
December pay
10% of annual pay
If I was on my normal salary then I would be capped at £1,000. SMP is obviously less.
I have been told I cannot participate in the share scheme as I will only be on SMP in the month payment is taken.
My queries are:
- is this right? or am I being discriminated against because I'm on maternity leave?
- If it's not right, do they have to allow me to buy them (am I then capped at SMP or can I pay up to the £1,000 - if so, how do I get tax relief?) or do they need to give me the shares for free.
My employer accepts that my salary sacrifice for childcare vouchers continues, in that I don't lose any SMP but continue to receive the vouchers.