HR Maternity leave advice please!!

[Lemonyfire]

Hello will try and provide as much info as possible so as not to drip feed but basically want advice from anyone working in HR/ payroll.

Worked in a bank role for NHS for the last year and baby due 9/12, earned enough over qualifying weeks for SMP. ( was told this was worked out based on pay over July and August and total earned was £1904 post tax so £238 per week which is over min requirement). I was also under impression this would mean I would be having the SMP rate of £187 as 90% of my earnings is higher at £213).
I notified them before the 15 week before EWC and was given a letter saying they’d worked it out and I qualified and was told verbally it would be between £700-800 depending on the month which was what I was expecting.

I then handed my notice in and left on the day my maternity leave started (which was 11 weeks before EWC). Heard nothing about this and got paid my first months mat pay in September.

This month I’ve not been paid- cue endless calls to HR and payroll where I was told as I left on the same day my maternity leave started I’m not eligible so they’ve revoked my maternity pay. I quoted advice from HMRC and asked for evidence from their policies and something in writing but didn’t get anything and was told “ they assumed I’d started a new job and was claiming through there?!” I advised I would speak to my union. This went back and forth for quite a while today.

Got a call from Payroll manager who advised they have made an error after speaking to HMRC and they do have to pay me ( yay) and were very sorry etc. But have advised I will be paid between 400-500 per month over the 9 months instead?!

I’ve asked for a breakdown but not had this back as everything seems to be done by phone and no one will put anything in writing. Before I go all guns blazing, could someone tell me if I am missing something?

If you’ve read this far I thank you!

Some good advice here - https://maternityaction.org.uk/advice/resigning-from-your-job-during-pregnancy-and-maternity-leave/

also pregnant then screwed are a good org and will have lots of advice

Thank you! I have checked these out and trawled through everything I can online, and everything I’ve read says my employer is in the wrong, but my specific situation is slightly different as they’ve already messed up so hoping someone can provide specifics based on my info. I will call maternity action when they’re open tomorrow

Not sure if it is the same but I work for NHS and our maternity policy states we have to go back to work for a minimum of 3 months after mat leave to qualify for it (if we don’t we have to pay it back if we were paid it) - so possibly by leaving you’re now only on stat pay and not employer one? Just a thought?

When you say you 'handed your notice in and left' do you mean you resigned?

Why on earth did you hand in your notice as you were going on maternity leave? This will be where the issue lies.

Why on earth did you resign? If you had just gone on maternity leave and then resigned before you were due back you would have been entitled to accrued leave as well. Maternity action gives useful advice. Call ACAS for advice. They will help.you.

Hi, so I’m only SMP as a bank employee therefore was never eligible for OMP so nothing to pay back.
As I’m bank I technically didn’t have to hand my notice in as I just didn’t want to be on bank anymore, they asked when I’d like to be removed, I chose the day I went on leave, which was agreed with my manager and HR at the time as having no impact, and this did have no impact on my eligibility as I’ve said above. HR got it wrong today and got the verification from HMRC as I was still working by 15th week before EWC I still qualify for SMP.

My query is more around the strange calculation for SMP they’ve come up with and whether there’s something else I’m unaware of.

@BakedAl as I’m bank I don’t get AL so there would have been nothing accrued anyway so it served me no purpose to remain on the bank as I won’t be returning on it after anyway

Your SMP should be based on salary in weeks 17-25 of pregnancy or last 2 monthly pays prior to 25th week. It is then 90% of that pay for 6 weeks and then a set amount for the next 33 weeks (£187ish)

@dementedpixie thank you, this is what they had originally estimated, and this is what I’ve worked it out as, I can’t understand how they’ve come up with a calculation of £138 equivalent per week. Super unhelpful when they won’t put anything in writing either.
confirmation of those dates is helpful to know too- I thought it was that.

If your salary included rolled up holiday pay that might not be included in the maternity pay calculations. You really do need to ask ACAS.

@BakedAl I’d not considered rolled up holiday pay, I’ve asked them several times for a breakdown and they just go radio silent, so suspicious. I’m going to call HMRC tomorrow too, will speak to ACAS.
as they’ve already made a massive mistake I’m quite dubious about anything else they do.
FWIW every single month I’ve worked there I’ve had a battle as my hours have been put on wrong so has been a huge back and forth to have them rectified so not the best track record.

The only way £138 ISH a week calculation would be correct is if they are spreading your maternity pay over 12 months instead of the 39 weeks.

I know NHS can do this if you have the enhanced maternity pay, but they might have got this muddled up for you.

@Goldpanther thank you- that is helpful! I have a feeling they’ve got in a muddle. Will clarify tomorrow!