Ok so my lovely employer has said he cant pay my SMP after August sent me my payslip and P45 (no letter- I do ha e emails though) What do I do now I have rung the job Centre and they have sent me the claims for but its for someone trying to claim not someone who has claimed for 4 months already! I have rang them again today and the lady I spoke to didnt know what to do she told me to call CAB!
Has anyone else any experiance or know whats what??
definitely talk to the CAB. I don't know what the situation is regarding SMP, but if your employer didn't carry out consultation before making you redundant, then it could be an unfair dismissal situation.
theirmum to answer your initial question, unless there is some financial reason your employer can't pay your SMP, such as they are insolvent, they still have to pay it, regardless of whether you work there still or not. SMP isn't something you can claim yourself from the government, your employer must pay it to you and they can claim it back. What reason have you been given for your employer not being able to pay it?
Few other points.
Obviously you haven't given a lot of detail but it doesn't sound as though your employer went through the required procedure to make someone redundant. If that's the case, it's likely to be unfair dismissal.
As a woman on maternity leave it is perfectly legal to make you redundant, however you do have some extra protection. If there is any suitable post at all, you must be offered it. If you think your maternity leave might have had something to do with you being made redundant, this might be sex discrimination.
I do agree that you need to have a chat with the CAB. Getting your employer to pay you your SMP is only one issue and you should at least have a chat with someone about the potential other issues there are and what you can/should/might want to do about them.
Thank you Flowery Roskva the company is insolvent although not officially he has made everyone redundnat from that comapny and moved the two guys that were there onto his other company I am in accounts and he has a full team in the other company I knew this was coming as I already knew the company situation its just the way he has done it thats a bit crappy! Atfer some more researching on the internet I have found the statutory payments dispute team their telephone number is 0191 2255221 just in case someone else gets into the same situation as me and does a seach (like I tried) they deal soling with cases like mine so I shall be ringing them first thing thanks for your help guys