Suddenly stopped being paid SMP

[Alieight]

I started my job in April 2008, when I was 4 months pregnant. My employers were aware I was pregnant when they offered me the job.

As I didn't qualify under their policy for maternity benefits, I was fully expected to have to claim MA. However, after I sent HR my MATB1 form, I received a letter (obviously a standard one) advising me that I would be entitled to 6 weeks at 90% pay, followed by the rest of my maternity leave at SMP.

I queried this immediately, as I didn't believe that I would qualify for it due to length of service being too short. I spoke to one of the HR advisors, who told me on the phone that the letter was correct (I have name and call reference number), and passed it on to her superior, who confirmed in an email that I would be receiving the maternity benefits. I therefore did not apply for MA.

My first month of maternity leave I was paid SMP (not the 90% pay). Took this up with HR, who corrected it and paid the 90%. The next month was paid correctly, the following month (Oct) I was paid twice. By the time I noticed, I received my Nov payslip and saw I hadn't been paid for Nov - assumed this was a correction to the overpayment in Oct.

Dec (and now Jan)- didn't get paid again, queried with HR. They are now saying that I am not entitled to maternity benefits due to length of service. I pointed out that I had checked with them 3 times to ensure that what they were saying was correct, and they had informed me in writing that I would be receiving maternity pay.

They are now having a meeting on Monday to discuss the situation (I wasn't invited to attend) and 'will inform me of the outcome' Monday afternoon.

So what is my position? If they come back and say that they won't be paying me the backdated SMP, can they do this? Even though I have it confirmed in writing? How can I take this further if they do come back and say they won't pay me? I just want to be prepared for the phone call on Monday.

[MamaG]

Ring ACAS

They were very helpful to me the other day

its very busy so be patient

[Alieight]

Thanks for the help!

Although grrrrr...was on hold for 30 minutes and my phone decided to die! Back in the queue now though.

[MamaG]

God what a pain

I gave up the other day but got through quickly when ringin first thing in the morning - but that would be monday for you so a bit too late

good luck

[Alieight]

Thanks MamaG. ACAS have just confirmed what I thought - that I'm not entitled to SMP, but that the correspondence and written confirmation amounts to a contractual agreement, and that if they say they won't pay, I would have good grounds in any grievance procedure.

Thanks for putting me on to them!

[MamaG]

oh good (I think)

You just have to decide now whether to start a grievance procedure! So much for enjoying time wiht your baby - bloody employers!!