Paid by weekly chq-how will I get my SMP?

[JanieLovesLuckySocks]

I'm am due my first baby in November and am beginning to get stressed about how / if I will get my maternity pay from my employer.

We are paid by weekly cheque on a Friday and I know that the 2 other girls who have been off on maternity leave have suffered greatly trying to get the stat maternity pay they are due. I know it's illegal not to pay but I don't think he is the most legit employer around.

I want to put it in writing to him so that I have something in writing, (we don't have contracts, I've been there 11yrs) as I want to know how and when I will get paid my smp. Surely he can't expect me to come in every Friday to pick up my pay and after others experiences I don't trust him to post it to me?

Any advice would be greatly received.

Ask him to give you all the cheques for your maternity leave in one go, but dated according to the week you are due to be paid it so you can't cash them until the relevant week? Not ideal but at least anyone can pay them into the bank on your behalf! You could ask him to pay your money directly into your account, or a monthly cheque, however if he's a bit dodgy you would have to trust him to actually do it!

Hi rock chick!! Thanks, no I definitely don't trust him! I hadn't thought if the post dated cheques, that's a super idea! Maybe I could ask for them on a monthly basis if he won't give me the full 9 months worth. I like it!
Thank you!! Now all I have to do is convince him to do it!

afaik, someone can correct me if wrong, but he has to pay you your smp as the government pays it to him, so not his money to withold? as i said i may have that wrong but thats how i thought it stands. hope you get sorted anyway.

Hi wispa, thanks for your post. yes you're totally right, it doesn't come out if his pocket, but unfortunately i know one girl in work whose child had recently turned 3 and she is still waiting on some of the payments from him :( I don't want the stress of going down the route of shopping him to inland revenue if he doesn't pay up, and defo don't need the hassle while I'm off on maternity leave, but his track record isn't good :(

its not his money to withold so if i were you i would try the above re getting post dated cheques/assurance in writing of what your smp entitlement is and that it will be paid on time like everyone else is and if he starts fucking you off id be on to cab for advice. dont let him get away with it, it will be hard enough on lower wage as it is and you cant afford to be worrying about when your next cheque is coming. he sounds like a right twunt.

Thanks wisps, yes I'm definitely going to ask for post dated cheques, if even on a monthly basis, sounds like the best option ( he would never agree a weekly standing order!!). I also emailed can just to keep myself right so just waiting to hear from them too, I just want to make sure everything on my side us done right so he has no reason to be a twunt! (That will be my new phrase, sounds nicer than fucktard!)
Thanks girls xx

Emailed CAB (not can!)

Hi Janie

You won't be able to get your cheques in one go, because if he runs your payroll correctly, then your tax needs to be calculated based upon your earnings to date, not just what you earn in one given week.

I would speak to ACAS about your concerns, I would also speak to CAB about what they can do if he refuses.

He can also reclaim a minimum of 92% of what he pays you in SMP. If he is classed as a small employer, then he can reclaim 103%, and may also qualify for payment in advance to help.

It's all detailed in the HMRC's guidence here

Thank you so much for your advice, it's really valuable. If only I worked for a boss that could do things right instead of causing this unnecessary worry. I really appreciate your help