Am I entitled to 2 lots of SMP - 1 from each employer

[PinkPanther27]

Hello, I have 2 jobs. 1 is full time with my main employer and I will be entitled to SMP with then. I also do on call work with a different employer and have worked for them since the beginning of last year. It never crossed my mind that I would be entitled to SMP from my on call work cos I don't earn that much. However I have been v slow in sending in my time sheets for the past 6 mths and have accumulated a large amount of money owed to me. My boss asked for them asap so I've done them and am probably going to get the money in this months pay which is the qualifying month for SMP.

I thought it would be a bit cheeky if I got SMP based on this payment cos its based on the hours I've done for the past 6 mths, however, HMRC have told me that it doesnt matter what the pay is for, SMP is worked out on the amount of money I receive in the qualifying period. On this basis, I have done a quick calculation and worked out that I would meet the minimum earning requirement per week for the qualifying period. I haven't dared mention this to my employer but when I told them of my intention to take maternity leave they said I wouldn't be entitled to maternity leave - it would be recorded as unpaid leave. I know that it should be classed as maternity leave regardless of whether I'm entitled to SMP from them or not as I'm classed as an employee -its just a technical term but suggests that they may not be up to speed on SMP and the law?

So do you think I would be entitled to SMP from them? I'd feel pretty cheeky asking for it although we'll be struggling with money so I'm tempted.

You only get smp once regardless of the number of jobs you hold

Did you give both employers your Mat B1? That's one of the requirements I think? Hopefully someone more clued up will be along soon...

Hi PerryCombover, you can actually get 2 lots of SMP if you have 2 different employers/contracts and meet all the minimum requirements on both. I know this cos I've had info from HMRC about it from my previous pregnancy - just not sure if I qualify

Yes, you would be entitled to SMP with every job you qualify for.

A little cheeky perhaps but they do recoup the money from hmrc so in the end no massive loss for them.

Plus it should be treated as maternity leave so you have protection and can accrue annual leave.

Are you employed or self-employed in the second job?

Hello TheFirstMrsGClooney - I am getting it this week so will be handing it in to both of them (although I only get one copy so will ahve to move quickly!)

Thanks - I am employed in the second job. I just wasn't sure about the way I had met the minimum earning requirement as it seems unfair for my employer - would you claim it?

Yes you do providing you earn enough from both employers in the qualifying period. Here is a link to the HMRC E15 SMP guide for employers. If you pay NI seperatley (which you will do with two jobs) then you could qualify. It's on page 7 and page 25

E15 guide

I'd claim it, and I'd definitely make clear to them that you are entitled to maternity leave!

Good lord I was told lies

All employers can claim 92%, small employers (who's Class 1 NI bill is below £45k) can claim 103%.

A small employer can even apply for funding in advance if they cannot afford to pay it up front.

It's just a part of being an Employer. I wouldn't let it stop you from claiming, after all if you're entitled then you're entitled.

If you want you can pm me your info about your second job and I can work out if you are or not.

Perry how long ago was it? You maybe entitled to it still

They're one of the biggest organisations in the country so I guess it wouldnt be a major loss for them. Wont say who I work for incase they're reading this lol I will pm you my details later though GreggsSausageRolls (you're making me hungry lol) thank you :-)
I'll also have to check that its def paid this month otherwise I def dont meet the earnings requirement.

Perry I had this issue a few years ago and did a dispute through HMRC who chased it on my behalf - hoping I wont have to do it this time though.

5yrs ago was teaching as well as my day job. Was calmly informed by fe college that even though been taking 2 classes a week and workshops that I could only claim SMP once. Felt bad as day job was tres lucrative.
Sorry for crap advice

Pink your welcome :)

Perry did they give you a form SMP1 that explained their decision? I would contact the HMRC about it. You can go back six tax years.

Sorry Perry hun, I was told the same as you by my employers so I think a lot of people are wrongly misinformed - I was v surprised when I was told otherwise by HMRC as I had thought the same as you.

ILoveGreggs I will wait to see if the money goes in this months pay first ebfore I message you (to avoid getting my hopes up) Crossed fingers!

Pinkpanther, you mentioned you made a claim through HMRC Statutory Disputes a few years ago. Can I ask if you still work in the same place and if it's been OK. I had to get help from HMRC too, and my employer was awful about it all. I've never spoken to anyone else who went through Statutory Disputes, so I'm interested to know how it all went for you after your return.

Hi selodair, yes I do still work there and its been ok. Still got an issue with occupational maternity pay but I keep forgetting to chase it up - baby brain! I guess it depends on the company you work for and what their general attitude is. I didnt have to do anything as HMRC did all the legwork for me so made it feel less personal and confrontational for me, hope this helps