Current Statutory Rates Of Pay and Employment Tribunal Awards
This handy reference guide below contains a list of the statutory rates of pay that your employees may be entitled to, including statutory sick pay and statutory maternity pay, as well information on employment tribunal awards that may apply if your employee makes a claim against you.
It is important to check whether an individual meets the eligibility criteria for any relevant payment – this may include employment status or length of service.
If you require any advice on statutory rates of pay, eligibility for statutory payments or duration of payment periods in any of these areas, get in touch.
Statutory Rates Of Pay
Statutory Maternity Pay
Statutory Maternity Pay (SMP) is payable at two different rates:
- For the first six weeks, at the earnings-related rate, which is 90% of the employee’s normal weekly earnings
- For the remaining 33 weeks, at either the prescribed rate or the earnings-related rate, whichever is lower.
Statutory Paternity Pay
Statutory Paternity Pay (SPP) is payable for up to two weeks at the prescribed rate or at the earnings-related rate, whichever is lower.
Statutory Adoption Pay
Statutory Adoption Pay (SAP) is payable at two different rates:
- For the first six weeks, at the earnings-related rate. This is 90% of the employee’s normal weekly earnings
- For the remaining 33 weeks, at either the prescribed rate or the earnings-related rate. Whichever is lowest.
Maternity Allowance
Maternity Allowance is payable for up to 39 weeks to women who are not entitled to SMP because they are either low-paid or self-employed. The individual is entitled to the lower of prescribed rate of maternity allowance or 90% of their normal weekly earnings.
Shared Parental Pay
The number of weeks of Shared Parental Pay (ShPP) available to be shared between parents is 39 weeks less any weeks spent by the child’s mother or adopter in receipt of SMP, MA or SAP. The weekly rate of ShPP is the lower of the prescribed rate and 90% of the normal weekly earnings of the person claiming ShPP.
Neonatal Care
From 6th April 2025, eligible employees have the right to take up to 12 weeks’ leave where their child requires 7 (or more) days of continuous neonatal care starting within the first 28 days following their birth.
The weekly rate of SNCP is the lower of the prescribed rate and 90% of the normal weekly earnings of the person claiming SNCP.
Ensure your policies are updated to include new employee right.
Parental Bereavement Pay
Employees taking parental bereavement leave may be entitled to Statutory Parental Bereavement Pay (SPBP).
To be entitled, employees must meet criteria including having at least six months’ continuous service and normal weekly earnings of at least the lower earnings limit. SPBP can be taken in periods of one week, two consecutive weeks, or two separate weeks and is paid at the same rate as other statutory payments.
The National Minimum Wage is the minimum pay per hour almost all workers are entitled to by law.
Accommodation offset
– If an employer provides a worker with accommodation, some of its value can be counted towards NMW pay
– An employer cannot deduct more than the accommodation offset from the worker’s minimum wage figure
Employees who are made redundant and have two years’ continuous employment are entitled to a Statutory Redundancy Payment.
- The amount of the payment is calculated in the same way as the basic award for unfair dismissal.
- This formula is based on the employee’s age, length of service and week’s pay
- There is no minimum payment
- The statutory upper limit on a week’s pay applies
- We recommend using a Redundancy ready reckoner for statutory redundancy pay calculations
Failure to inform or consult over collective redundancy
The maximum protective award which can be awarded for a failure to inform or consult over a collective redundancy is 90 days’ gross pay per dismissed employee. The statutory limit on a week’s pay does not apply and there is no minimum award.
The Statutory Sick Pay (SSP) scheme entitles qualifying employees who have been absent from work for four or more consecutive days to receive a minimum weekly payment. Employees are entitled to up to 28 weeks’ SSP in any period of incapacity for work.
Employment Tribunal Awards
Failure to give statement of particulars of employment – Under section 1 of the Employments Right Act 1996, employers must provide employees and workers with a written statement of certain terms of their employment.
If there is any change to any of the required statutory particulars of employment, the employer must give the employee or worker a written statement containing details of the change at the earliest opportunity, no later than one month after the change.
An employee or worker can only claim for a breach of these rights where they have a successful substantive claim of a type specified in Schedule 5 of the Employment Act 2002. Where a claim is successful, the tribunal must make an award equivalent to two weeks’ pay. Alternatively, if the tribunal considers it just and equitable to do so, it can make an award equivalent to four weeks’ pay. These amounts are subject to the statutory limit on a weeks’ pay.
Breach of right to be accompanied – A worker may bring a claim that their employer failed, or threatened to fail, to comply with the worker’s right to be accompanied to a disciplinary or grievance hearing.
An employment tribunal can award a maximum of 2 weeks’ pay if the claim succeeds, subject to the statutory limit on 1 weeks’ pay. There is no minimum award.
Are your disciplinary and grievance policies fit for purpose, to help ensure you don’t find your organisation facing an Employment Tribunal? Contact us for help with reviewing and writing policies.
The right to request flexible working is now a Day 1 right for all employees.
Read our article, for details of changes made to the Flexible Working Bill in April 2024.
Breach of Flexible Working Regulations that an employee can complain to an employment tribunal:
- Failing to deal with their application in a reasonable manner
- Fails to notify them of their decision on their application within the decision period
- Fails to rely on one of the statutory grounds when refusing their application
- Bases its decision on incorrect files
- Treats the application as withdrawn when the grounds entitling the employer to do so, do not apply
Where a Tribunal has held that a complaint is well founded in relation to failure to consider a request, it can order the employer to:
- Reconsider the request; and/or
- Pay the employee such compensation as the tribunal considers just and equitable up to eight weeks of pay, subject to the statutory cap (£719 x £6,471 maximum)
Compensation for injury to feelings: Vento Bands
Lower Band: ‘Less serious cases, such as where the act of discrimination is an isolated or one-off occurrence’
Middle Band: ‘Serious cases, which do not merit an award in the highest band’
Top Band: ‘The most serious cases, such as where there has been a lengthy campaign of discriminatory harassment’
Only in the most exceptional cases should an award for injury to feelings exceed the top band.
The below figures are applicable for claims on or after 6th April 2025
Failure to inform or consult over a TUPE transfer – The maximum amount of compensation which can be awarded or a failure to inform or consult over a TUPE transfer is 13 weeks’ gross pay.
The statutory limit on a weeks’ pay does not apply and therefore there is no minimum award.
If you need support with TUPE, contact us to find out how we support businesses through this process.
An employment tribunal may award compensation for unfair dismissal.
- This usually consists of a basic award and a compensatory award
- An additional award may also be awarded if an employer fails to comply with a reinstatement or re-engagement order
Basic Award
- The basic award formula is calculated using employee’s age, length of service and weekly pay
- The maximum award can be 30 weeks’ pay, subject to the statutory limit on a week’s pay
- There is no minimum award except for in certain automatically unfair dismissal cases
Compensatory Award
- The compensatory award in most cases is subject to a statutory upper limit/cap
The statutory cap does not apply where the reason for the dismissal was that the claimant:
- Was carrying out health and safety activities
- Had made a protected disclosure
- Was selected for redundancy for one of the above reasons
The maximum compensatory award is the lower end of the of the statutory compensator and of the statutory cap, or 52 weeks’ pay.
Pure Human Resources Ltd has made every attempt to ensure the accuracy and reliability of the information provided on this document and the associated website. The information provided here should not be considered legal advice and is provided for general information purposes. It is not a substitute for professional advice, for which you should consult a qualified HR or employment law professional.
If you require advice on any of these issues, contact us today.
If you require HR advice and support on a PAYG HR or Retained HR service basis, dependent on your needs and can also provide one-off support writing or updating your HR policies and contracts.