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Maternity Pay

(22 Posts)
Smithysue Wed 12-Jul-17 08:20:43

Hi, I am new to this but really need some advice, I work full time for a company in Harrow, I have worked for them for almost 3 years, however in June i found another job, more pay better hours, I gave in my notice and left to start my new job, on my first day I found out I was pregnant and apart from that I really hated my job, I didn't tell any one i was pregnant, only my husband, I gave my new job a couple of days but it was awful, I also knew that I would not get SMP so i called my old boss and asked if i could return back to them and he agreed and welcomed me back.
I thought i was sorted then because i would not of got maternity pay my new employers but because i had worked for this company for almost 3 years then they would have to pay me, but HR have said that my service has been broken even though it was only 4 blooming days, they say my notice was handed in and i had left, I have not told them yet i am pregnant as i was hoping they would just put the break down as holidays and not me leaving.
I am worried now that I wont get SMP as you have to have worked for your employer continuously for 20 weeks before the 15 weeks before your due date, can anyone please advise me on this, many thanks

YerAWizardHarry Wed 12-Jul-17 08:22:27

You can claim maternity allowance from the government instead it's the same amount

Orangebird69 Wed 12-Jul-17 08:24:30

No, you won't get SMP. I'm a bit hmm that you thought you would tbh. You should qualify for Maternity Allowance though.

LIZS Wed 12-Jul-17 08:24:48

If they issued a p45 then you won't have continuous service, which will affect your SMP, pension, accrued holiday etc. You should qualify for Maternity Allowance though. If they really want to keep you as an employee maybe they will top it up on a discretionary basis , on condition that you return after the baby arrives.

LIZS Wed 12-Jul-17 08:27:31

And bear in mind you would only have got MA had you stayed in the new job so you haven't actually lost out.

Smithysue Wed 12-Jul-17 09:15:41

So even though I only left for a couple of days i still wont get SMP only MA? i looked at MA and you only get 36 weeks whereas with SMP you get 52 week grin(

BubblesBuddy Wed 12-Jul-17 09:20:31

Yes. But sometimes we have to take the rough with the smooth. It's just the way it panned out. It's bad luck but you will have a lovely baby to look forward to.

PhilippeFlop Wed 12-Jul-17 09:38:12

I'm pretty sure that I didn't get 52 weeks SMP

Orangebird69 Wed 12-Jul-17 09:47:29

Smp is only paid for 39 weeks...

Spam88 Wed 12-Jul-17 09:51:05

Yeah SMP is 39 weeks and no of course you're not entitled to it (unless you work for the NHS but it doesn't sound like it?).

GahBuggerit Wed 12-Jul-17 09:51:50

You don't get SMP for 52 weeks you get it for 39.

I believe there has to be a break of at least one full calendar week (think it used to be 2?) for it to be considered a break in continuous service so you should still have your contnuous service, double check with your HR they are pulling a fast one IMO

GahBuggerit Wed 12-Jul-17 09:53:49

www.xperthr.co.uk/faq/what-types-of-break-between-contracts-would-not-constitute-a-break-in-continuous-employment/19646/

"There is no loss of continuity if an employee resigns or is dismissed during one week but is re-engaged by the same employer before the end of the following week, even if the employee worked for another employer during the intervening period."

mohuzivajehi Wed 12-Jul-17 09:55:15

Yeah they are both 39 weeks - you are entitled to 52 weeks away from work with both, the last 13 weeks are unpaid with both.

On an average salary of £27,600 on smp you would get 6 weeks receiving £387.90 instead of the £140.98 of MA so you would be losing £1,481.52 - not an insignificant sum but only £38 per week difference over 39 weeks. Of course the sums would be different if you are earning significantly more or less than the average salary.

SandyY2K Wed 12-Jul-17 10:12:57

As someone who works in HR, you broke your service and they are correct in not giving you occupational maternity pay unfortunately.

If you worked in public sector, they may have let it slide, but not private sector.

You can get maternity allowance though.

GahBuggerit Wed 12-Jul-17 10:17:46

Sandy are you sure? The link above from Xpert HR suggests otherwise?

Smithysue Wed 12-Jul-17 10:20:20

Ok thank you all for your reply's it has helped me and made things more clear, thank you all again

GahBuggerit Wed 12-Jul-17 10:24:08

No OP Double check and get what you are entitled to!!! Not to outright disagree with a fellow HR professional but I really do believe you should have continuous service although am happy to be proved wrong.

Speak to ACAS.

SandyY2K Wed 12-Jul-17 10:58:52

Once you leave employment.. You have an end date. LDOS... last day of service, when you rejoined, you have a new start date... That's the date your company are using... Because you at a point became an Ex employee and I'm sure it wouldn't be deemed continuous service for redundancy purposes either.

I'm happy for people to disagree with me... No offence at all, but the company can legitimately call this a break in service.

I suggest you have a close look at your maternity policy and any documents or policies that define continuous service.

If I was advising a self employed person, who had an employee leave and return, I would be saying they had every right within the law not to pay occupational maternity pay.

By saying it was just 4 days, you need to find the company policy that states how many days do not constitute a break in service... Otherwise people can say it was just 6 days. Or just a week or 2 weeks.

Where do they draw the line in the absence of a policy that you can rely on for evidence? I'd say no policy, means there is no minimum and even one day would constitute a break in service.

I had a similar case in a previous job. The employee was very angry when she found she wasn't getting maternity pay and took out a grievance, but the original decision was held.

I can't recall the exact time of the but it was a small time that she felt she had the right for mat pay.

If I was you I'd speak to an employment lawyer or the CAB,as nobody here knows your company policy on continuity of service.

GahBuggerit Wed 12-Jul-17 11:24:44

I am pretty sure it would be very cagey in a redundancy situation as well going off what we were previously advised. My last company handled a few cases where someone resigned and reappointed and we had to leave a clear break of 2 weekends for it to be considered a true break in service, this was advised by a top employment firm only 2 year ago.

Interestingly the terminology around this is very woolley isnt it, doesnt seem very easy to get a definitive answer on the subject online.

fishingfor Wed 12-Jul-17 17:20:50

You must have continuous service to qualify, but any part week counts. So, if you work a day in the week you left, and then a day in the week you returned (the one immediately after you left) you qualify. Employment lawyer here.

Smithysue Thu 13-Jul-17 06:42:01

so is it or isnt it continuous service hmm

GahBuggerit Thu 13-Jul-17 09:27:07

I believe you do have continuous service IMO and from my experience (and the link above that I posted). Please do check with ACAS OP.

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