SPM60390 – Disputes, Decisions, Reviews and Appeals – The Formal Decision

Example of a decision that an employer has not paid the statutory payment (SP)

This decision may be used when an employer claims to have paid the equivalent of the SP through a “compromise agreement”; or has made unlawful deductions from the statutory payment; or has offset vouchers or benefits against the SP. It can be used as part of the liability decision or on its own.

Decision where liability decision has already been given

The Statutory Maternity Pay amounting to [£amount] which [e/r] are liable to pay [Ms e/e] for the period [dd/mm/yy to dd/mm/yy] in accordance with the decision given under section 8 of the Social Security (Transfer of Functions etc) Act 1999 on [dd/mm/yy] has not been paid to Ms Smith.

[e/r] is also liable to pay [Ms e/e] Statutory Maternity Pay for the period [dd/mm/yy to dd/mm/yy] amounting to [£amount], which has not been paid. *

* use if original decision did not cover the whole period of entitlement

Decision where the liability has not already been given

That [Ms e/e] is entitled to Statutory Maternity Pay at the earnings related rate of [£ amount] per week for 6 weeks commencing on [dd/mm/yy] and at the standard rate of [£ amount] per week for [number ] weeks commencing [dd/mm/yy] and that [e/r] is liable to pay the Statutory Maternity Pay to [Ms e/e] amounting to [£ amount] and that Statutory Maternity Pay amounting to [£ amount] has not been paid.