What happens if my employer attempts to avoid paying me Statutory Adoption Pay?

Your employer is not allowed to terminate your contract of employment simply because they want to avoid paying you SAP.

If your employer does this, and:

  • you would have been employed by them in the qualifying week if they hadn’t terminated your contract; and
  • you were employed by them for at least eight weeks continuously before your contract was terminated,

then you will be viewed as having worked continuously for your employer up to the child's placement with you for adoption.

Your normal weekly earnings will be calculated using the earnings you were paid in the eight weeks immediately before your contract was terminated.

It is automatically unfair to dismiss you for exercising or attempting to exercise a statutory right, such as the right to take statutory adoption leave or to claim SAP. It is also against the law to subject you to a ‘detriment’ i.e. to engage in unfavourable treatment, such as denying you a pay rise or a bonus, or giving you a poor performance review, for the same reason.

Note: This content is provided as general background information and should not be taken as legal advice or financial advice for your particular situation. Make sure to get individual advice on your case from your union, a source on our free help page or an independent financial advisor before taking any action.

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