Kit day pay - 365 calendar day rate and not working day rate - how is this allowed?

Hi everyone,

I worked KIT days during my maternity leave and I was paid at my annual salary divided by 365 days, rather than by my actual working days (260). That means I was paid nearly 30% less than my normal daily rate, and in my contract it says I will receive normal rate of pay.

From what I understand on ACAS, it says:

“Your employer can sometimes pay less than normal pay depending on what you’re doing on your keeping in touch days. But paying someone less than they normally would get for doing the same thing could be pregnancy and maternity discrimination.”

My contract clearly states how many days and hours I work – I don’t work 365 days a year, I work Monday to Friday.

So how is this allowed? Can companies justify this without it being discrimination, if you are doing the same tasks as you normally would?

Would love to hear if anyone’s experienced this or challenged it.

Thank you.

Location: UK