Statutory maternity Pay- Employer says cannot pay

[user1479748167]

Statutory maternity Pay- Employer says cannot pay

Hi,

I joined my current company in mid of March. My baby’s due date is 15/11/2016. I informed my employer about the pregnancy in June. I was verbally assured and informed that I would get 100% SMP. I also received the written confirmation letter in October confirming my maternity leave start date as nov and I would get 100% SMP.

I planned all my finance based on the payment that I would get during my maternity leave.

Suddenly, I received one more letter on my due date and say that I am no longer eligible for the maternity pay as per government policy. I read the government rules and just came to that I am not eligible. My company says that I should have joined the company in February to receive the full payment.

I clearly see that my company violated two government rules.

“ …………..Your employer must confirm within 28 days how much SMP you’ll get and when it will start and stop.
If they decide you’re not eligible, they must give you form SMP1 within 7 days of making their decision and explain why…………..”

If I knew this before, I wouldn’t have joined this company. I wouldn’t have put more hardwork and weekend work for this company.

Is there anyway to get reasonable pay during my maternity leave?. I don’t think I can live on allowance of 120GBP/week. Do you think that I got strong case to request for the maternity pay?

Thank you,
Julie

I'm even more confused than ever now

The company don't need to clarify the qualification period though. It's set by the government and is readily available to everyone.
The whole thing doesn't make any sense but well done you if you've managed to make them pay.

Well done on getting payment. I still don't understand the situation but you got the result you needed so all is good.

Is that a name change fail to go with all the confusing details?

@QforCucumber, Government controls only the payment of 1xxGBP of STP and qualification period for STP , anything above STP is covered by company's terms and conditions(whether its ESTP or OSTP). Its just that I can not receive STP and company have agreed to pay the remaining amount.

HR told you the wrong thing, I suspect, but are making good on their original statement, which is great.

Glad you are sorted!

You have to have been working with your employer for a certain period of time to be eligible for SMP. And of course if you were already pregnant when you joined then you are only entitled to maternity allowance. What you can do is apply for tax credits which might give you some extra money...

Ok this makes even less sense now. OP can I just check - are you in the UK?

I think what the OP is saying is that the employer will just pay up the top up amount so full pay minus SMP as they can't claim that back due to her not qualifying. Well done on getting them to pay at all, you are very lucky.

Risky to set such a precedent though.