Childcare vouchers and maternity leave AGAIN

[BrieMonster]

I know this topic has been done to death and I felt quite confident from the advice I'd read here, and on HMRC website that my work was obliged to continue providing childcare vouchers during my imminent mat leave.

Also, as I only receive SMP from week 6 to 39 that the usual £243 wouldn't be deducted from my pay since I am entitled to SMP as a minimum... Right?

However, after initially being told by payroll I'd have to opt out etc etc i have been in discussion with HR who though seemingly wanting to do the correct thing, are dragging this out and reserving a 'decision' even though I have already finished up. My worry is I'll be forced to seek CAB or legal advice and trying to deliver this baby simultaneously... Or worse still, having to stump up for nursery fees and seek reimbursement which might never eventuate.

Anyway, long story short my weakness is that they never asked me to change my contract so does that mean the salary sacrifice isn't official and I don't have a leg to stand on? I just asked for the details via email with payroll then phone the voucher provider and it was all set up from there on. If that's not the right way to go about it can i then ask for my salary to be paid back since I never signed anything to say it could be reduced?

Any advice appreciated. This is a big multinational company and was just hoping they'd have their shit sorted for want of a better word. I have entered into all this in good faith and just want what I'm entitled to.

Thanks in advance if anyone has the answers!

I have no idea but bumping for you ....

So you have already been salary sacrificing your £243 per month prior to going on maternity leave? Therefore your wage slips will show your sacrifice agreement and the childcare voucher people will have records of your salary sacrifice agreement?

Yes the company MUST pay you. You cannot salary sacrifice from SMP. If you received enhanced maternity benefit then yes you could sacrifice but not from SMP. The HMRC links are pretty clear just forward them to your HR dept

Just re-read your post. I never signed a new contract for mine, I just agreed to the sacrifice.

Another thought. Your 6 weeks of average weekly pay should be the average WITHOUT the voucher. There is a good example on HMRC. I am guessing you know the amount so if they have deducted the voucher prior to averaging then it's fair to assume you have an agreement in place

www.hmrc.gov.uk/employers/sml-salary-sacrifice.pdf

If they've been deducted, it has been agreed. They MUST pay during mat leave. Been through this twice and won twice against HR departments of large companies.

Thanks all.. after feeling so confident initially, the time elapsed had given me cause to doubt myself. I do think it's pretty clear, and yes for the best part of a year it has shown on my payslip as a -243 from basic salary (as opposed to under 'deductions'.

Phew! Hate chasing them up I will have to as I just want it in black and white. From them!

Many thanks again... will update just so you know I got a happy ending (and hopefully without a fight) too.

Success.. harassed HR again this afternoon and finally got confirmation that they will be covering the cost of my vouchers whilst on leave. Yay!! Thanks again for getting me through those panic-inducing doubts. I know it wasn't life or death but like I say, didn't fancy a fight, and I like to get my way!