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Original poster

Employern not giving me my SMP1 form!

14 replies

coldwater1 · 17/10/2013 08:34

So i went on maternity leave on 2nd October, i had asked my employer a few times before i went on leave for my SMP1 form so i can claim maternity allowance and he kept saying he'd do it. Since then i've rung him, texted him and gone into work to ask for it. I keep getting fobbed off, he tells me head office need to send it, then he'll speak to the admin team at my place of work etc etc. meanwhile i am losing money! Contacted him monday and he said he'd look into it,now thursday and nothing. I only want one sodding form!! You wouldn't think expect this from a well known nursery supplier. I haven't even got head offices number so can't call them. So annoyed. What can i do? I need this form!

OP posts:
Original poster
coldwater1 · 17/10/2013 08:35

Sorry for typos on bus atm!

OP posts:
TiredyCustards · 17/10/2013 08:36

Can your midwife get it for you? I think that's how I got mine.

Bragadocia · 17/10/2013 08:41

I think OP might need the employer to complete it under these circumstances, to say she won't be eligible for SMP under the terms of her employment. Then she can get MA instead.
As in this link www.dwp.gov.uk/advisers/claimforms/smp1_print.pdf

Original poster
coldwater1 · 17/10/2013 08:43

I don't know as my employer needs to sign the form. I printed the form from the net and took it in but my manager won't sign it as the form needs to come from head office apparently.

OP posts:
TheGirlFromIpanema · 17/10/2013 08:43

SMP1 - If your employee does not meet one of the conditions in the section Qualifying rules then you must give this form to your employee within seven days of making your decision that she is not entitled to SMP. This must all be done within 28 days from the date the employee gave notice of absence (or the date she gave birth if this had occurred earlier)

Did you give them adequate notice and a form MatB1in good time Coldwater?
If so, give the SMP disputes team a call on 0191 2255221. It is DWP who deal with MA (rather than Hmrc) and have always been helpful to people I've referred to them in the past.

Your employer is an arse and you do have rights.

Original poster
coldwater1 · 17/10/2013 08:49

They had notice and have taken a copy of my matb1 form. No one really spoke to me about my pregnancy and maternity leave while i was working there, i had to keep telling them and reminding them. I was meant to fill out some company forms when i told them i was pregnant but the first i heard about that was when they asked me to do it when i went in last week.

OP posts:
Original poster
coldwater1 · 17/10/2013 08:49

They had notice and have taken a copy of my matb1 form. No one really spoke to me about my pregnancy and maternity leave while i was working there, i had to keep telling them and reminding them. I was meant to fill out some company forms when i told them i was pregnant but the first i heard about that was when they asked me to do it when i went in last week.

OP posts:
blondieminx · 17/10/2013 08:49

Use the Internet to google for head office's details.

Then email or write to them. Keep it factual

"my name is .... I began work at the [location] branch on [date]. I am currently [weeks] pregnant and I requested the appropriate form on [date] to claim maternity pay. I chased this up on [dates]. I still haven't been given the form and have been told by [manager name] that [x,y, z].

I am facing financial hardship as a result of all this and would be grateful if you could please help. I would be grateful for a response by [date in a week] or I will take legal advice."

then call head office to confirm they got your message and take a note of the name of the person you spoke to.

Let us know how you get on. Smile

Original poster
coldwater1 · 17/10/2013 08:53

I have searched and searched but can't find any number or email address on google. :(

OP posts:
blondieminx · 18/10/2013 09:17

I've pm'd you coldwater

ferggie1990 · 24/10/2013 18:29

I am having so many problems in sorting this out with my employer also. I have been chasing it up for weeks. Each time I phoned they put me through to so many different departments saying they were dealing with it but turned out they knew nothing about it. Spoke to someone a week ago and they said they were sending my smp1 form and matb1 form back to me. A week on still nothing so phoned again and they said it should have been here by now. sounds like its got lost which means I am going to have wait on another smp1 form from them and get another matb1 form from the midwife. Its so stressful. Don't understand why it has taken this long! I am 30 weeks pregnant and could of applied for MA at 26 weeks if my employer got my finger out. It is a council so you would think they would be more familiar with this.

JustAnotherFucker · 25/10/2013 17:02

Ferggie - they are breaking statutory guidelines if they do not get back to you within 28 days. (ie breaking employment law)

Call the SMP dispute team on 0191 2255221 and kick up a very loud song and dance at work too.

ferggie1990 · 26/10/2013 22:18

I will do thankyou

Abiv123 · 23/01/2023 20:18

@ferggie1990 in a similar situation just wondered what happened after work breached guidelines and didn’t issue form within the timeframe

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