Hi everyone, I have been working for my current employer now for 4 and a half years (5 in November.)
I am expecting my second baby. My first was unfortunately stillborn full term due to a cord accident at 37+5, 19.01.18
** ... So as you can understand this is stressful enough as it is without the added stress of this upon my shoulders. 
I am due to go on maternity leave the 22.08.19. I sent an email to my employer 15 weeks before my due date stating when I would like SMP to start. I also provided proof of my pregnancy by handing in my MATB1 form. I done this within the correct set timescale and have proof of the sent email as evidence. 28 days passed since I sent the email and I received no response from my employer, confirming my SMP or giving me an SMP1 form to refuse my pay.
I text my employer about my maternity pay again, stating all the facts why I was entitled to SMP. Upon a verbal discussion with my employer she then informed me that she has had me on a 3/6 month contract that she has kept renewing for 4 and a half year, but will not be renewing it this time around. She stated the contract ran out in May, however informed me of this in a verbal discussion on the 18th of June. AND I am still working for my employer. She basically said I had not been working for her for 26 weeks or the 15th week before the baby is due as the contract ran out, (this is despite me still working there!)
I then informed her that if that was true she had to provide me with an SMP1 form. She was hesitant at first saying that she didn’t need to as I ‘technically’ wasn’t employed by her anymore as the contract had ended... despite me still working there and I have bank statements from the company which I can prove I have been working there for a lot more than 26 weeks! She then told me she would sort out the SMP1 form and when she is to give me it will provide me with a P45 at the same time. She said she was only a small business and wouldn’t be able to afford to pay me SMP as she is reliant on funding despite me telling her that she can re-claim statutory pay from HMRC.
I have seeked advice from ACAS who have said that despite her saying that my contract has ended, because I have still been working there, have bank statements as proof, that there could have been a verbal agreement in place for me to still do the role I am working. Therefore I still work there despite what she is saying about a contract ending. No end of contract notice has been given to myself what so ever. I have spoke to HMRC as well who also say that I satisfy the criteria for SMP and am awaiting them ringing me back so I can open a case against my employer.
Do you think that HMRC will be able to win my case against my employer? I have played everything by the book and provided all the evidence I should of regarding my pregnancy and SMP. She however is just making herself look dodgy as hell! I am so stressed with this and just want it sorting. It is having such a negative impact on my health, I dread going into work and when I am at home I can’t help but cry through the stress and upset of this situation. Any advice please? HMRC should be ringing me by next week regarding my case.**