Employer refusing to sign SMP1

[Cherrypi]

Has anyone else had this problem? How was it resolved?

Why have they refused to sign it?

They can't 'refuse to sign it'

What is the reason given, you aren't giving a lot of info really.

They say I'm self employed. Tax office say I'm registered as PAYE and they have paid tax and NI for me. I know they need to sign it. I just wondered how this played out for others.

So they are refusing to pay SMP and refusing to provide you with an SMP1? In that case you should contact HMRC and ask them to sort it out.

Yep. Fun fun fun. HMRC said to give them one more chance then they'll get involved and fine them etc. Has anyone else been through this? Sure they won't offer me a new contract in the future after this though.

So if the tax office is wrong as my employer claims, how far can I backdate being self employed?

Why would you say you were self-employed, when the tax office itself has confirmed you had tax/NI contribs paid for you? Don't get into double taxation, and all the stress of accountancy!

Your company is being idiotic. Re-send them your last e-mail, with a deadline of Wednesday, and then you can get HMRC to deal with it. If it's a large company, maybe the aggro will be confined to payroll/HR and you will be able to continue working. If, by contrast, it's a very small company (and that's why you've had so much unprofessional, incompetent pissing about), then it's best to have Hector the Tax Inspector fighting your battles, rather than doing it personally!

Very confusing if you are talking about being offered a new contract. Were you on a fixed term contract? Why would there be confusion over whether you are self employed or not? Do you get payslips?

Thank you. It is a slightly odd job that most people do on top of their normal job so this issue probably doesn't come up very often. It's a big company.

I gave up and registered as self employed. I have three month contracts and payslips. They hadn't paid any NI just tax.

Why would you do that?

Registering as self employed doesn't make you self employed. You and/or your employer don't get to decide your employment status, it is what it is, and it is determined by the nature of your relationship with your employer. Getting contracts, payslips and being PAYE are very strong indicators that you are employed.

As an employee on maternity leave, even if you don't have long enough service to qualify for SMP, you get holiday and other benefits. Why would you want to give that up?

If you invoice them, then the employment is self employed.

If they pay you and provide a payslip, you're on PAYE and are employed by them.

Did you give in a P45 or complete a P46 when you started?

"If you invoice them, then the employment is self employed. If they pay you and provide a payslip, you're on PAYE and are employed by them."

Really not as simple as that. Being on PAYE is a strong indicator of employment, but invoicing for payment doesn't make someone self-employed if other factors point to it being employment. There are a lot of factors taken into account by HMRC or a tribunal when assessing employment status.

At 26 weeks pregnant I've not got the appetite for a fight. I don't invoice them. I didn't give in a p45. My job was covered by PAYE70245 legislation till April when the rules changed. HMRC don't know what applies.

I do know, I run the payroll for my company. I was trying to simplify it for the OP rather than go into loads of detail first.

I'm not suprised that HMRC don't know. They don't know their arse from their elbow at times.

What have they said about paying you maternity allowance?

If I register as self employed I should get it. I was employed by another company long enough to cover the claim I just need my employment recognised for 26 week check bit.