Resignation and SMP

[Carlitawantsababy]

Hi there, I am moving to another town in December which is far too far to commute to my current job and am certain I want to be a SAHM so I definately do not want to go back to work! The first day I can take SMP is 6th January so was planning to give my notice Si that my last day is on the 5th January but the HR department at work seems to think I would then have to go to the job centre to claim SMP as this would not be payable by my employer after my resignation. This is not the impression I have for from Internet research, please, can someone clarify?

They are wrong.

Your employer is liable for SMP once you've qualified for it regardless of whether you are still employed or not. If your employer went bankrupt or for some reason they were literally unable to pay it, HMRC would sort you out, but the Job Centre don't pay SMP.

if your employer won't pay SMP they will have to fill in a form for you saying why, and 'employee has left employment' isn't one of the options on it!

Wonderful, thanks flowery that's what I thought! Now I just need to find a way to explain this to HR! I can resign and request my SMP starts on day after my last working day?

Your best bet is actually not to resign at all. You are entitled to a year's maternity leave and if you're still employed you will get all your contractual benefits including holiday throughout that year. So if you have to give a month's notice, resign once you've been off 11 months, then they'll have to pay you your year's holiday entitlement and they won't argue with you about SMP.

Thanks flowery but I'm wanting to resign as it means they can fill my post permanently, it is much better for the service (I work in social care)