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Joining new company during maternity leave

8 replies

itallhappensforareason · 17/01/2019 10:04

I am going to be returning to work early during my maternity leave. I am also going to be leaving my current company and joining a new company. I know I still need to give the appropriate notice, but my question is do I also need to tell the old company I will be working elsewhere and so they need to stop paying me SMP? Or will the new company tell HMRC that I am a new employee there and so they will pass this information to the old company?

I don't want to be wrongly paid and then end up having to pay it back. It probably doesn't really make much difference as I'd know the money wasn't mine and not to touch it but I'd just rather it wasn't in my bank at all.

I'd also rather not have to tell the old company I'm joining a new company if I can help it as they'll know exactly where I'm going which is going to be awkward.

Thank you for any help in advance.

OP posts:
Lazypuppy · 17/01/2019 10:16

You can't be paid smp and a salary.

Once you hand in notice at first job, you smp will stop at end of notice, rhen you'll start at next company and get new salary

itallhappensforareason · 17/01/2019 10:21

@lazypuppy I know that, that's why I want to make sure I don't get paid SMP when I'm no longer entitled to it. My question is do I need to tell the old company to stop payments or will HMRC tell them.

OP posts:
Lazypuppy · 17/01/2019 10:35

When you hand your notice in, they will tell HMRC as they are currently doing your payroll for SMP.

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itallhappensforareason · 17/01/2019 10:45

@lazypuppy would they? Its my understanding that companies pay SMP and then claim it back from HMRC. If they didn't know I would be working elsewhere then I would still be entitled to SMP up to 39 weeks so surely they would just continue as normal.

Maybe I should just tell them to be on the safe side.

OP posts:
Lazypuppy · 17/01/2019 10:54

I'm confused, you're only entitled to SMP if you are employed. If you hand your notice in, the company will stop paying you SMP. it won't start up again

Sugarhunnyicedtea · 17/01/2019 10:59

You'll need to hand your notice in as you won't be returning. Then SMP stops and you start your new job. Am I missing something?

WorryingLadyBits · 17/01/2019 11:09

Once your notice period is finished, your current company will not put you on the payroll sheet- therefore you won't be paid anything, salary or SMP. You may be paid any owed holiday etc.
Your payroll won't be put through after the notice period, therefore it won't go through to HMRC and your company won't process a transaction.

itallhappensforareason · 17/01/2019 11:16

There seems to be a lot of confusion here. If you hand in your notice and don't work for anyone else your company still have to pay you SMP for the 39 weeks. You're still entitled to it.

If you join another employer obviously the SMP stops as you will be earning again.

I've spoken to HMRC who have clarified that I myself should notify my employer when handing in my notice that I will be joining a new company and therefore they should stop my SMP.

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