Maternity pay row explained as Kemi Badenoch sparks fury over 'gone too far' claim

Tory leadership contender Kemi Badenoch faced criticism when she ranted about 'excessive' maternity pay - as charities say new mums are being driven to food banks

An extraordinary row over maternity pay has set the tone for the Tory leadership race after candidate Kemi Badenoch suggested it had "gone too far".

The right-winger - among the favourites to succeed Rishi Sunak - sparked a backlash after her remarks, which she later tried to row back from. Fellow Tory hopefuls James Cleverly,, Robert Jenrick and Tom Tugendhat all distanced themselves from her comments.

A maternity rights charity pointed out that women are being forced to use food banks for the first time during pregnancy and maternity leave, due to "woefully inadequate levels" of statutory maternity pay. The TUC accused the Tories of resorting to "performative cruelty and division".

The spectacular own goal could dent Shadow Housing Minister Ms Badenoch's chances of becoming leader - opening the way for hardliner Robert Jenrick to take the mantle. Mr Jenrick said he didn't agree with his rival's comments, with the issue set to dominate the second day of the party conference in Birmingham.

What did Ms Badenoch say?

In an interview with Times Radio, Ms Badenoch described maternity pay as a form of tax on those who are working and said families need to have "more personal responsibility" when asked about people who can't afford to have a baby.

In a radio interview at Tory conference on Sunday, Ms Badenoch pointed to birth rates being higher before maternity pay was introduced, saying: "There was a time when there wasn't any maternity pay and people were having more babies". Labour politicians said they were "genuinely lost for words" at Ms Badenoch's comments, accusing her of using "bizarre logic" and spouting "ideological nonsense".

Asked if the UK has got the right level of maternity pay at the moment as it's one of the lowest rates in the OECD, Ms Badenoch told Times Radio that statutory maternity pay was "a function of tax". "Tax comes from people who are working, we're taking from one group of people and giving to another. This, in my view, is excessive," she said.

Pressed on it being" excessive", she said: "I think it's gone too far the other way in terms of general business regulation."

So that's pretty clear, right?

Apparently not, according to Ms Badenoch, who swiftly rowed back and claimed she was making a different point. Once it became clear people were unhappy with her remarks, Ms Badenoch said she wasn't whining about maternity leave at all.

Ms Badenoch said on Twitter /X that "contrary to what some have said", she does support maternity pay. She instead said that she was making a point about the level of regulation businesses face.

She wrote: "Contrary to what some have said, I clearly said the burden of regulation on businesses had gone too far... of course I believe in maternity pay! Watch the clip for the truth. Back to conference..."

What have her rivals said?

Tory leadership candidate Robert Jenrick said: "I don't agree with Kemi on this one. I'm a father of three young daughters, I want to see them get the support that they need when they have to the workplace.

"Maternity pay is amongst the lowest in the OECD. I think the Conservative Party should be firmly on the side of parents, working mums who are trying to get on. I know how difficult that is. We should be supporting them, not making their lives more difficult."

And Tom Tugendhat said it was “important that women have the ability to choose how to live their lives”.

What do campaigners say?

The remarks have sparked a fresh debate about levels of maternity support. Charity Maternity Action has said that many mums are forced to use food banks for the first time during pregnancy or maternity leave.

It said the £184.03 weekly statutory maternity pay and maternity allowance are worth less than half (46%) the £400.40 someone on the higher rate national minimum wage would be paid for working a 35-hour week. This is less than a third of women's average full-time earnings, the charity pointed out.

It said: "Many women tell us that the woefully inadequate levels of statutory maternity pay and benefits drive them to use food banks for the first time during their pregnancy and maternity leave. A majority told our recent survey that they end up taking on debt to get through maternity leave and end up returning early to work from maternity leave rather than bonding with their new babies. Some told us this was a discouragement to having more than one child.

"It is critical that the Government has a plan for investing in the system of maternity pay and leave over the term of this parliament or having a family will become a distant dream for some."

Has anyone else criticised Ms Badenoch?

Yes, plenty of people. TUC General Secretary Paul Nowak said: “The Conservative leadership candidates are hopelessly out of touch and seem to be competing with one another to be the most unkind and nasty.

"Maternity pay in the UK is lower than in many other economies- forcing too many mums back from leave early. The Tories don’t appear to have any solutions for this country - all they have left is performative cruelty and division.”

Labour MP Stella Creasy, who in 2021 threatened to sue Parliament after her request for full maternity cover was rejected, told the Mirror : "This morning Kemi claimed that she would stand up to cultures where she thinks women are treated as second class citizens. Now she’s doing it herself. Can’t wait to hear her thoughts on what role dads play…"

Labour MP Sarah Champion said: "Errr, what bizarre logic - as birth rate is down so we need to make it harder for women to have children??" Labour MP Leigh Ingham said: "Yes, women around the UK whose pay drops massively during their maternity leave are often heard echoing similar sentiments."