Have work messed up?(5 Posts)
Hiya ladies! This is quite a long winded situation, sorry in advance!
Basically I was signed off work back in April due to severe morning sickness, which kept me off work until maternity leave which started 3rd september, whilst I was off I was in contact with my manager to arrange when my maternity would start and that I was entitled to SMP! I gave her my MATB1 form & a hand written letter of my maternity notice at the end of July (months before I was due to go on maternity leave in Sept) which was all agreed and they also agreed me to use my annual leave (28days) before maternity leave so august month I got paid a full wage month. My first payday arrives from maternity pay (October) - however i didn't recieve a penny, I contacted work who now say im not entitled as i didnt earn enough in qualifying weeks. (Government website states when i handed in my maternity notice and matb1 form, work should of gave me a letter within 7 days to state my entitlement if i do or do not and payment dates etc along with revelant forms if i need to claim MA off the government) however i recieved none of this!!!! Now leaving me behind with rent and bills.... I then sent off all evidence (after finally recieving it off work) to claim maternity allowance. A few weeks now passed (November) I receive a letter from MA to say they have passed my case to HMRC Statuory pay disputes team as they say I am entitled to SMP from work and not maternity allowance from them! I then sit down myself and work out accurately if i am entitled to SMP online on the government website - turns out because i used my annual leave in part of the qualifying weeks this boosted up my average earnings qualifying me to SMP from work!! So now ive currently had no source of income for 10 weeks, behind with rent they have now served me notice to leave! Behind with bills, car ins etc! Not to mention Im due to give birth in 11 days!!!! Can I take any legal action against my employer?! If so how do i go about doing this? As you can imagine i am not a happy bunny!!!
Get yourself to a CAB ASAP ... you need legal advice especially before you spend more money and any legal action not be quick. I believe work owes you the maternity.
I'm confused as to why September wasn't your first pay day on mat leave if you started your leave on 3rd Sept - are you salaried? Do you get paid a full month in arrears rather than for the current month?
Have you spoken to payroll or HR since receiving the letter from HMRC? What have they said?
Also have you incurred any late payment fees or bank charges as a direct result of being underpaid?
I've just re-read and realised you said 10 weeks without pay, so I'm assuming when you said October pay you mean September's pay which you spend in Oct, is that right?
So you've been underpaid for the Sept and Oct pay days in which you should have received SMP?
Phone ACAS straight away. They are great and will be able to advise you.
Good luck OP.
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