To request she's fired.

[Twocatsonebaby]

So I'm 37 weeks pregnant. Came off maternity last November and took holiday which I was entitled to until early December. I was 24 weeks pregnant when I found out I was carrying ds. As soon as I had my midwife appointment I handed in my matb1. In which my HR manager lost it. Not once. Not twice. But today I'm picking up my third to send it off as an emergency to my main head office.
Filled in my paperwork, it's not been sent off.
I've been underpaid during the SMP qualifying period and there's no evidence of the backdated pay I got on my payslips. Which I'm now worried could put me in trouble in terms of tax.
She wouldn't give me my backdated pay for months and each month I was underpaid I had to pay my bills off a credit card. It's mounted up and I'm in trouble.
My pay came in January thankfully.
So I told her at 33 weeks I wanted to take holiday until 35 weeks and then start maternity leave. This covers me to be entitled to SMP again. But wait, she underpaid me! So I won't be getting SMP!

I phoned head office today to try and sort it to find out they didn't even know I'm pregnant! I won't be getting paid at all next week. I'm struggling enough as it is. So I can't pay my rent etc. An ds is due at the end of the month. I'm fucked.

Ive been told to write it down, send off another matb1 directly to them and write down all my greivences. Which includes forcing me to take an antenatal appointment unpaid (I couldn't rebook my gtt and they refused me on it several times). Which I'm now told by my midwife it is illegal.

Should I also request some sort of compensation for this? I'm with a union. But this isn't the first time I've been screwed around and HR should've sent off the paperwork months ago. It's discrimination. Could I also request for her to be let go?
If I can't be paid I'm going to have to ask to be let go as I'd get jsa. Which is better than £0.
I'm so worried because I'm in trouble with my credit card due to being underpaid and unexpectant bills came out. I can't pay my rent. I don't know how they expect me to live.
Is it also worth me phoning acas?

I agree OP needs to speak to someone senior and ask for an urgent advance now.

At 37 weeks running around with Ava's or union is not acceptable your work need to sort this now.

Acas are fine for advice, but you shouldn't need them if you are in a union. Acas will not send reps to any meetings where you are entitled to representation.

I'm sure your head office will be OK about an emergency payment/loan to get you through until this is sorted, especially as illegal acts have been carried out by their representative in the form of HR person.

Phone ACAS and tell them your union rep is on a cruise and see if there's anyone else who can represent you and advise you. Tell them you can't pay your rent next week due to all the errors, and they may be able to hustle the company into moving this forward quickly.

Good luck OP, sounds very stressful for you.

How stressful. Have you got a decent paper trail from your side of things? It’s not essential but will help..

From Snowyrange’s post...

Having been in senior positions I would just sort you out with something quickly and then go about rectifying the issues internally.

My thinking, but I’d still consult with ACAS first.
Speak gently, carry big stick etc.

Auntie

From your post earlier, it’s clear that yr employer is not really a best practice employer.

So I’d outline previous incidents in yr call to ACAS, not to resolve now as they are past events but as examples of the company culture. This is not a process blip, it is a summary disregard for best practice & employment law.

I’m sorry to hear about yr brother & the challenges you are now facing. Please do ring ACAS & get help to get what you are legally due.

Sorry to hear this. Agree with previous posts advising you speak to someone senior at your company to resolve ASAP.

I would definitely advise you concentrate on sorting the issue directly rather than on getting the individual sacked (not your call to make anyway) or in raising claims with Unions or ACAS.

Maternity can be quite complicated and without knowing your individual details fully there could be reasons for some of this. For example your entitlement to a second period of maternity pay is based on your average earnings at a certain point in your pregnancy - often with back to back maternity periods it means the women won't have earn enough during that period to qualify because they may have been on lower rate or unpaid maternity at that point.

Whilst you are entitled to paid time off for antenatal appointments the legal position is that this is 'reasonable'. Is it possible that your company feel the time off requested wasn't reasonable? Too short notice perhaps or no formal proof provided (an employer is entitled to require this after the first appointment).

As I say, lots of questions and possible complications so think you need to direct this enquiry to someone senior in your organisation ASAP.

Sorry, should have clarified that the qualifying period for SMP is the 15th week before the baby is born (around 17-25th week of pg). Your post indicates that you believe being on annual leave from around weeks 32-35 means you're entitled to SMP so def worth checking your dates and entitlement properly.

You pay Union subs why haven't you gone to them? & phone ACAS. There's a legal board on MN - but this isn't it/. You'd be far better off over there

Hi OP I hope you manage to put in a call to the head office soon.

Best wishes to you

Acas will not send reps to any meetings where you are entitled to representation.

In my 20+ years experience in HR and representing at tribunal, ACAS don't send reps anywhere, at all.

Well, one exception - at a tribunal in Bristol, the judge ordered that ACAS (which must have had local offices) send a rep right then to try to mediate a settlement between the employer and employee. The rep turned up, we 'mediated' for two days, the hearing then continued!

ACAS deal by phone, letter and email. I am dealing with them now on a case. They have a statutory duty to try to reduce claims by conciliation. That is their primary role, not to represent people in the workplace. If you submit a tribunal claim the first thing you will hear is from ACAS about conciliation.

If you're unable to claim SMP, you may be entitled to claim SMA (statutory maternity allowance) instead - take a look here Gov link

I hope you get it sorted - what a nightmare!

First of all you need to take some deep breaths & stop panicking, it’s not helping. Calm down so you can think straight and remember everything.

She’s acted appallingly, but put that to one side. What they do about her incompetence is their business.

HO have asked you to tell them exactly what happened, so get comfy and write it all down. Use a timeline and then write in full what happened, what was said etc.

When it’s ready, then contact ACAS and get their help. Ask if there are any cover payments you’re entitled to to pay your rent etc

She’s fucked up hugely, but it will get sorted, just try to remember that. Do NOT resign.

If you're unable to claim SMP

If I understand her correctly she can claim SMP. The calculation should be based on her correct pay for the qualifying period. The fact she was underpaid for that period should not affect her SMP. I believe that the employer is saying she is not eligible for SMP because the underpayment meant she was below the limit (£113 per week). However, you are correct that if she is not eligible for SMP even with her correct pay she should look at MA.

Also, strongly recommend that when you do get the replacement MATB1 form that you take a copy of it - you're advised to do that anyway in case it does go missing and for your own records so not sure why you wouldn't have done that, especially when it went missing for the second time!

I'd recommend drafting up a timeline, with evidence of everything that has happened. When explained as a paragraph, it's difficult to take in and process, but laid out one fact at a time, you can pass it to anyone and they can see everything.

Speak to your union HO - they should be able to get someone to get in touch with you

Your boss sounds like a nightmare, but being useless isn't something you can get sacked for, unless it's been going on a long time and she's had lots of help/training to get herself sorted.

You need to focus on what your employer needs to do to put things right, and it seems to me this is:

• correct all the underpayments
• do this before the end of the tax year, or it could increase your tax bill for next year
• make sure that your next SMP entitlement is based on the correct figures, so that you don't lose out again
• pay you all the monies due, by CHAPS or BACS, and compensate you for any bank charges etc you've incurred as a result of your boss's cock up.

Payroll people are generally very keen to get everybody paid the right amount, promptly (my DP is a payroll manager, and he loves untangling this sort of mess), and hopefully you will find them helpful.

I'd concentrate on getting the money right, rather than getting revenge on your boss. When that's sorted, if you still feel like it, then take out a grievance.

Brilliant news everyone, just went to pick up my matb1 to have been lied to the receptionists. My midwife was off today and they had nothing for me to collect. The number I have for my midwife doesn't work and they refused to give me the proper one.
So now I'm really not getting paid. At all. I could fucking cry I'm so stressed out. I don't know what to do.

I realise wanting her sacked is unreasonable. I'm heavily pregnant and if I'm not paid I could loose my home. I'm angry. An I'm not the only person under her incompetence. It's been happening for months but no one will report her. I'm just angry. I couldn't care what happens to her. But this is my life. An I could loose everything very quickly the way its going.

I understand this must be stressful. Please contact your unions main office. Even if your workplace rep is off, there will be somebody who works for the union who will be in charge of your workplace.

Alright, I need a plan of action now.
So if I phone acas and my union to let them know. Not too sure what they'd do really in all honesty but I'm hopeful..
I can't get another matb1 until next week. My pay day is next Friday.
Then write the email with no matb1 to send off..

Then I need to relax as all this is stressing me out and I'm having some real pains. I really could just cry.

Your GP can also issue a mat1B form so worth a call/visit if you can

Forget her. Get your union involved now- it’s what you pay your subs for
This is absolutely appalling. Your employer has almost certainly broken the law. Let them decide what to do with her, while they start crawling for your forgiveness in treating you this way. Before you sue their arses off.

Call ACAS and your Union NOW!!! Get some proper help from someone who can do something.