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Maternity - looking for feedback from HR staff and employment lawyers (and anyone else)

27 replies

seoladair · 29/08/2011 19:54

In a nutshell, my employer is disputing my right to maternity pay. HMRC has ruled that I am eligible, and my employer is now contesting this on the grounds that they do not consider me to be an employee. (This is very contentious in itself). It is also irrelevant, as HMRC makes SMP provision for casual workers who fulfil certain conditions, and I have fulfilled all of them.

HR kept saying a meeting would not be necessary, so I had to email and write to point out the casual worker provision to them. Their replies always ignored that point. They just kept stonewalling and writing "but you are not an employee so you can't have SMP or contractual maternity pay."

Eventually I had a meeting with HR. I reiterated the point about provision for casual workers. They replied that although they had been paying employers' secondary NICs for me, they weren't actually liable to have done so, therefore they wouldn't have to pay maternity pay.

I then asked what the point of 10 years of Class 1 NIC deductions had been, and HR said "that's a legal question we're not going to answer."

HMRC are now sending in a local compliance team.

Your reactions please...

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seoladair · 27/09/2011 17:24

V quick recap - my employer (HE institution) is insisting they don't have to pay maternity pay as they claim I'm not an employee. HMRC think otherwise, so HR Dept has appealed. HMRC investigation ongoing...

Latest - HR department is insisting that I don't have a regular timetable, although I do, and it's set by the institution. They are refusing to confirm my regular hours for my return from leave, even although I have built up a work pattern and timetabled collaboration with colleagues over many years.

I've now found out that those of my colleagues who do the same work as me have just been told that they will be booked on a termly basis instead of yearly. They are still subject to institutional control regarding timetables.

There have never been any written contracts. However, even this summer we were sent the schedules and teaching weeks for the entire academic year, not just the term. HMRC were very interested in these.

We were always booked for the year - can my employer just arbitrarily change this in order to avoid HMRC penalties? Isn't this a case of shutting the stable door after the horse has bolted?

OP posts:
seoladair · 27/09/2011 21:20

Anyone out there?
Help please....

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