maternity pay.

[sassandfaff]

Posting on behalf of a friend of mine.

Her baby is due in less than 3 weeks and her employee has just informed her he won't be paying her maternity pay because he took over the business less than 6 months ago.

She has worked there for over 5 years.

Can he do this?

TIA

*employer

No he cannot. If it is the same company the fact it has a different owner is irrelevant. And if it is a different company she is protected by TUPE. Either way she is still entitled to receive SMP.

Her employer will be able to reclaim at least 92% of the SMP he has to pay from the government. If it is a small business he will be able to reclaim 103% of the SMP.

He should have issued form SMP1 to your friend within 28 days of receiving her SMP request if he was going to refuse to pay.

If her employer continues to refuse your friend should ring HMRC on 0300 200 3500.

prh47 is correct. Your friend should get extra support from ACAS or the CAB but she is entitled to SMP.

Thanks ive sent her a message relaying what you have said.

She has been to the job centre and they have told her to claim income support. Unsure how that will work considering he hasn't sacked her yet

They've told her it can take a month for maternity benefit, so she'll have nothing otherwise.

Her union rep is getting involved too and going to him on Monday with forms (not sure what forms).

The employer may not know that the maternity pay may not cost him a penny and it is just form filling ( I say just but it is a massive nuisance and takes loads of the employers time as those of us who have had nannies off on maternity leave will know - dreadfully complex and time consuming).

It will be a cost to the employer if she is contractually entitled to more than the statutory minimum.

But I agree with the other posters that a change of ownership should be irrelevant to her entitlement b