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Works woes - SMP and grounds for grievance

6 replies

Stigo · 26/06/2024 00:44

Hi! Hoping someone can advise on this.

My company (a big multinational - completely useless in all matters HR) has effed up my maternity pay once again.

Background. Company offers only statutory pay with no enhancements. I have complained in the past about this but to no avail. Fine. Last time I was pregnant, they overpaid me in the last month (was allowed to keep money in the end) and underpaid my pension for the entire period (a mistake that was only picked up by me - they rectified this with a lump sum to my pension fund). The entire time, I had to beg them to send me payslips which I only received in return to work.

Prior to my current maternity leave, the company made a ton of redundancies and essentially got rid of the entire HR and payroll departments. They never advised what or who these departments would be replaced with. I sent an email to upper management asking who would be my HR contact while on leave as it was so messy last time; they provided an email address that was not correct (i.e. they knowingly provided the email of a woman who was not responsible for HR matters), I pointed this out and they said fine, contact Manager X (neither an HR, nor accounts employee - not ideal but I have no alternative).

A coupe of weeks later, I am informed I will be induced, I duly inform Manager X of this and give birth a day later.

Payment for month 1 comes in, looks fine. I received a schedule of payments from the accounts department before leave and looks about right (though I don’t check the exact amount). Payment for month 2 comes in, same. Payment for month 3 comes in - it’s my full pay (actually slightly more than my full pay as they gave me a pay rise effective from April. It is still even slightly higher than that amount. I have no idea how they have arrived at the figure). I inform upper management immediately of the mistake and say I will take out the amount indicated on the payment schedule and ring fence the remaining funds so that I can pay them back to the company. Upon checking the schedule of payments, I see they have actually also underpaid me for month 2. I inform them of this too and request my payslips so I can check what’s going on. I receive a response from manager X saying we’ll sort this blah blah blah.

That was 3 weeks ago, I have chased on multiple occasions. I receive pat responses and promises to send payslips. Nothing. To note, I have no means of accessing my payslips or the HR terminal myself (it’s essentially a bit with whom you open a query) as my email has been blocked. Therefore I have no recourse to anyone outside Manager X and the upper management team cc’d (none of whom seem to give a shit…).

I suspect that they have simply forgotten to commence SMP and are trying to conceal this fact from me until they can rectify it. I am tempted to go in all guns blazing with an email saying they are legally obliged to provide me with payslips on or before payday (I assume they are(?) and having blocked my email account are obliged to send them to me by another means(?)) and also to threaten to report them to HMRC for suspect unlawful deduction of wages. Also to threaten them with tribunal as they have left me without any HR contact to whom I can complain about them. Am I off base here or do I have grounds?

Thankful for any advice at all!

OP posts:
flipphoneuser1 · 26/06/2024 00:52

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prh47bridge · 26/06/2024 09:43

There is no legal requirement for them to give you an HR contact or, indeed, any named contact at all. However, you would have a potential case for maternity discrimination if, as a result of this failure and/or them blocking your email account you have suffered some detriment, e.g. you have missed out on a promotion opportunity.

It makes no difference whether they are processing your pay as SMP or not (at least, not as far as you are concerned). Provided you are being paid at least the amount you are entitled to under SMP, your tax, NI and pension deductions are correct and they are not making any deductions that aren't allowed, you don't have any cause for complaint there. It may be that the company can't reclaim SMP from HMRC if they've processed it incorrectly, but that isn't your problem.

HMRC wouldn't be interested in unlawful deduction of wages. That isn't their problem. If there has been unlawful deduction, you would need to pursue that through the employment tribunal.

Where you do have a case is over payslips. They are legally required to provide either physical or electronic payslips. Chase them for that.

Stigo · 26/06/2024 16:35

@prh47bridge
Thank you so much! This is really helpful:)

OP posts:
Stigo · 02/07/2024 15:01

@prh47bridge
Hi! Just an update (and to ask your advice if you are able to provide it!). I requested the payslip the day before payday,the day of, and the day after and have been met with a brick wall; my manager simply restates ‘sorry for the inconvenience, we are doing our best to get your payslip etc. I have said that I can’t quite understand what the delay is as a payslip must exist or why they do not want to send me copies.
To note, they paid me the wrong amount again for the month of June (slightly higher than the payment schedule). They will not advise regarding money I now must owe to them (or money they owe to me due to underpayment one of the months), meaning I am not able to spend my wages with any kind of reassurance that the money is actually mine.
Could I ask your opinion on this and advice on where to go from here.

OP posts:
prh47bridge · 02/07/2024 15:58

Time to raise a grievance over the lack of payslips. If that still doesn't get you anywhere, you can take them to tribunal over this failure, although hopefully this won't be necessary.

Stigo · 02/07/2024 19:02

Thank you very much for the advice! That’ll be my next step.

OP posts:
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