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SMP

1 reply

dorodot · 18/02/2011 22:50

I have looked everywhere for an answer to this but can't find one anywhere so I am hoping someone has experience of the following.

Basically I was want to find out if there is a deadline that your employer has to tell you whether you are/are not eligbile for SMP.

Basically I work for an temp agency and there is a good chance I am eligible but still a possibilty I am not. If I am eligible I will continue working for this agency....but if I am not I want to know as soon as possible so I can quickly change to a different agency (which offers higher pay and means I will be able to acrue more weeks on a higher pay rate that will increase my rate for Maternity Allowance).

I plan on applying for SMP though my current agency at 25 weeks and hope that they get back to me with an answer by 27 weeks. Is this likely or are they able to wait a lot longer before giving me an answer?

I can't ask my current agency this as they may suspect that I want to stop working for them if I am not eligible for SMP and may delay giving me an answer so that I continue working for them whilst I am waiting for the answer.

OP posts:
mranchovy · 21/02/2011 10:49

There is not a set period; they must tell you within a reasonable period which is normally taken to be 7 days, but if they don't tell you within that period there is not a lot you can do other than keep hassling them and/or threaten them with a tribunal (which will take a few weeks at least, although if they are found to have unreasonably delayed there may be a penalty of up to £300 plus £60 a day).

But there shouldn't be any uncertainty as to whether you are eligible or not, you can work it out for yourself; the rules are here.

But I am not sure that this is relevant. If you would qualify for more MA from a new employer than your current employer, that would also apply to any SMP due from your current employer. Why do you think you will be better off with SMP?

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