Kemi Badenoch has been called out on social media for laughing after an MP criticised her for saying maternity pay is "excessive".

The new Tory leader came under fire at the Conservative Party conference in September that maternity pay had gone “too far”. She rowed back on her comments after widespread criticism, claiming “of course” she believes in maternity pay. But she maintained that maternity pay - as well as minimum wage - was "overburdening businesses".

At Prime Minister's Questions on Wednesday, Labour MP Lloyd Hatton asked Keir Starmer: "Members have raised their concerns of a range of damaging policies pursued by the Leader of the Opposition. These include voting against critical investment for our NHS, stating maternity pay is excessive and that the minimum wage is a burden, and even backing harmful backing when last in government." The camera then cut to Ms Badenoch laughing on the opposition benches in the Commons.

Mr Hatton continued: "So is the Prime Minister aware of any attempt of the Leader of the Opposition to justify these dangerous positions that would cause untold damage to communities like mine in South Dorset?"

The camera cut to Kemi Badenoch laughing after an MP criticised her for saying maternity pay is 'excessive' (
Image:
PA)

Mr Starmer said: "This government has given millions of people a pay rise of £1,400 by boosting the minimum wage. We've strengthened parental leave with better rights for parents. We've put huge investment into our schools and NHS, and all of that while making sure pay slips of working people have not bee affected. It's clear whose side we're on - the working people of this country. Now I haven't heard the Leader of the Opposition clarify why she opposes all of these things, but now is her chance.

Ms Badenoch hit back: "The Prime Minister can plant as many questions as he likes with his backbenchers but at the end of the day I am the one he has to face at the despatch box."

Keir Starmer asked Kemi Badenoch why she opposed Labour's increase to minimum wage or investment in the NHS

In a disastrous interview in September, former Equalities Minister Ms Badenoch described maternity pay as a form of tax on workers and said families need to take "more personal responsibility" when asked about people who can't afford to have a baby. Asked if the UK has got the right level of maternity pay at present as it's one of the lowest rates in the OECD, Ms Badenoch said 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 told Times Radio. Pressed on it being "excessive", she said: "I think it's gone too far the other way in terms of general business regulation."

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Speaking at a Q&A event the following day, she said: “There’s a café in my constituency that closed down, and the lady who owned it said, ‘I can’t afford to pay the wages any more. I can’t afford minimum wage. I can’t afford for my staff to go on [paid] maternity [leave]’. We are overburdening businesses. We are overburdening them with regulation, with tax. People aren’t starting businesses any more because they’re too scared.”

Statutory Maternity Pay (SMP) is paid for up to 39 weeks, with mums getting 90% of their average weekly earnings (before tax) for the first six weeks. For the next 33 weeks, they get whichever is lower out of £184.03 or 90% of your average weekly earnings (whichever is lower) for the next 33 weeks

At the time a spokesperson for Maternity Action said: “The UK’s system of maternity pay and benefits is far from excessive. Many women tell us that the woefully inadequate levels drive them to use food banks for the first time during their pregnancy and maternity leave."