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Employer won't give me my SMP1 maternity refusal form

9 replies

crumblybiscuits · 10/03/2016 12:02

Very small company, worked for them since August last year. I was 4 weeks pregnant when I started working there and everything went along fine apart from them being a bit rubbish regarding risk assessments and things. I developed high blood pressure and was hospitalised at 27 weeks. Dr's signed me off for two weeks and I asked to bring my maternity leave forward which they agreed to do. I handed in my notice for maternity and my Mat B1 on the 20th of January. I have still had nothing back from my employer despite lots of chasing her up. She says she has sent it in the post but still nothing. Where do I go from here? She's ignoring my messages and I have been a month with no pay at all as I cannot apply for mat allowance until I have this form.

OP posts:
thatwouldbeanecumenicalmatter · 10/03/2016 12:23

that sounds shit biscuit, sorry I've no advice other than its worth bumping your thread when the evening crowd rock up! good luck x

Cocacolaandchocolate · 10/03/2016 12:29

Can acas help you? Or CAB?
Feel for you OP.

queenofthepirates · 10/03/2016 12:33

Send her an invoice for the amount you're owed.

crumblybiscuits · 10/03/2016 12:36

I've just found a number for SMP disputes so may give that a call but just not sure how to escalate it now as she is lying to me. Told me she sent it two weeks ago and then when I pushed on Monday she said it had been sent recorded delivery that day but still nothing.
I will try CAB, my partner is working away currently so struggling with DD1, being heavily pregnant and also not wanting to piss off my boss even though she is being an arse.

OP posts:
crumblybiscuits · 10/03/2016 12:37

Should I inform her that I am going to involve HMRC? All of these conversations are taking place in writing so I have evidence.

OP posts:
Cocacolaandchocolate · 10/03/2016 12:44

Yes, maybe say I still have r recieved my form. I am going to contact hmrc to start the ball rolling..

penguinplease · 10/03/2016 12:47

Stop being nice, tell her she is breaking the law and you will involve HMRC and ACAS to support you in this.
There is no reason why she can't email you the form. I do these all the time and companies that are slack really piss me off.

crumblybiscuits · 10/03/2016 13:00

penguin She tried to tell me it was late as she had to send it off to the government and has passed the buck onto her accountant. Surprisingly when I asked to speak directly to the accountant it was then being sent that day. I've spoken to her twice today informing her it still hasn't come and she has ignored both messages. I'm rubbish at being firm because I have really bad anxiety and let people walk all over me but I'm going to have to just step up and get it sorted as this is ridiculous. Thanks all for your support, gives me a bit of a backbone Blush

OP posts:
penguinplease · 10/03/2016 13:30

They are in the wrong, you are totally entitled to this already, they are being arses, just bite the bullet and tell them you either have it in your hand tomorrow or you will take this further and it may result in a HMRC inspection for them not complying with their statutory duties to you as an employee.
You can do it, I know its hard but it will be worth it. Good luck!!

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