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Can someone please give advice - employer ignoring SMP emails(4 Posts)
Hello I'm wondering if anyone can advise me. I qualified for SMP by 10 days, I purposely waited as late as possible to inform my employer (based in another city) as I knew he would be pissed off and was worried I would be let go in my probationary period due to the pregnancy before my qualifying week. He received my signed for letters and matb1 form on 23/10. My qualifying week began 27/10 so he was notified on time. After hearing nothing I emailed on 11/11 asking for confirmation he had received the letter, he confirmed receipt of the letter 2 days later on the 13th.
I was under the impression I should've heard back within 28 days which would've been 20th November. After no communication I emailed on 21st asking if a letter had been sent regarding my smp and the holidays I will accrue during my leave. I received a very rude and unprofessional email back stating that it was in the hands of payroll, then in the next sentence he stated I'd been notified by letter - to which I replied asking him to confirm when the letter was sent. He did not reply. I emailed again on the 26/11 asking about the letter as I hadnt received it and he ignored me again.
This is causing me a lot of stress and frustration as he is being purposely difficult. ACAS advised me to send him a formal grievance letter, but said as there is no HR department i would have to ask for the company grievance procedure first. The boss I am dealing with is the company director and I know any further emails will go unanswered. I am reluctant to call as I want to keep a paper trail of when and what was said, although I expect a receptionist to tell me he is busy and then not hear anything further as this is what usually happens.
I am aware there is a HMRC disputes helpline, can i call them for help or do I need a decision first? I just dont know how long he is allowed to drag his heels on this for. I'm constantly worried about it and that I'm going to be left with no money come maternity leave.
Does anyone else have any advice on where I stand or do I just have to wait until he decides he wants to talk to me?
Sorry it's long, and thanks if you made it this far!
If he was going to refuse SMP (not that he would have had any grounds to do so), he would have had to give you form SMP1 by the end of the 28 day period. He hasn't done that, therefore even if there were grounds to refuse it, he no longer can.
He's just cross and is being a bit rubbish with correspondence, which is of course not acceptable, but you don't need to panic that you won't get your money, he's not even attempted to deny your entitlement to it, as I am sure whoever does his payroll has advised him he can't. So no need to open a dispute with HMRC.
Can you speak to payroll?
Hi flowery thanks for replying! No I cant contact payroll directly, I've had issues with wages being wrong several times and not receiving payslips and was told I had to contact the director directly who would sort it with payroll. I wasnt planning on opening a dispute with HMRC, I was just wondering if they would be able to advise me on where I can go from here as it seems unfair that I have to submit my documents within a certain time yet he can just do as he pleases. I also need to know if I will be taking my annual before mat leave, or if the company wants me to carry it over and use it at the end of my mat leave, and he just doesnt want to give me answers.
I would take him saying 'it's in the hands of payroll' as a cue and permission to call payroll directly and check with them. I would also go in assuming that the best and that a letter has gone missing from them and you just want to check.