Hello,
I wonder if anyone may be able to provide some advice on SMP rights and agency work??
I have been registered with an agency since 2002 and work regularly for them. I have worked for them for the 'continous' 26 weeks period up to my 15th week before EDD except for a few weeks when they did not offer me work. I, therefore, have not turned down work from them at all. I even arranged my holiday around the contract I was currently working on so as to not turn work down.
Despite deducting tax and NI from me, they claim I am not entitled to SMP from them as I am not seen as an 'employee'. The benefits agency disagree and so does HMRC stating as long as I have worked the time scale needed and earnt over the correct threshold, I should be entitled to SMP.
HMRC have said I could open a 'dispute' case, however, I understand this can take a long time. I am also worried that if I open a dispute, will the agency regard me negatively when I want to go back to work and maybe not offer me so much work? Before I went on Maternity Leave, I was earning approx £400 a week from them.
Another agency I work for has no problem paying me the SMP I am entitled to, however it is not enough to live on as the job was part-time and because they are paying up I am not entitled to MA which is far more!
Has anyone else had any experience of such a situation and may I ask the outcome?
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Agency work and SMP?
6 replies
careyjb · 17/08/2008 17:52
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