Been in hospital, made redundant whilst just started mat leave and need help!!!

[Nooster]

Right, I need major help and I know this is the place to be,.

I finished work on Monday, the rest of this week was holiday and my official maternity leave starts today. On weds I started with pre eclampisia and have been in hospital since then but let out today as everything has settled down.

I have heard by text from work colleaguies that the company I worked for has gone into liquidation and that I would be getting a letter. no such letter has appeared yet - maybe because they know I am in hospital.

They have my matb1 form with my letter fomr 20 weeks or so so i hold out little or no chance of getting that back.

Here are my questions, I am now 37 weeks pregnant and i did get paid a very good wage but obviously now have no income at all.

Do I get another MatB1 from my midwife and now try and claim maternity allowance? How do i go about this?

Do I contact the inland revenue about child tax credits now? At present I get nothing as they overpaid me by their mistake over two years ago? I have a 4 year old child who is at school. I think i was only getting £10.00 a month or something anyway as it did stand

If i am then liable for child tax credit, do i get the surestart grant too?

Obvioulsy I am owed wages from my employer form since 1 november but I dont know whether I will get these at all with no letter- I have been made redundant before so know I have to try and claim this back form the government if not -does anyone know the agency to go to who will help?

I think thats it - please help!

Nicki

[flowerytaleofNewYork]

Nicki that's great news about your money coming through, what a relief, and many many congratulations on Conal's arrival! Sounds as though you both had a bit of a rough ride him getting here but glad to hear you are both doing well now.

Have a wonderful Christmas with your beautiful new son.

[Nooster]

Just wanted to say thanks to everyone who helped with this matter, today the job centre have told me my claim has been accepted for maternity allowance and will be back dated a good few weeks now and paid for 39 weeks at £117 per week! hurrah! Its agood job I dont live alone, no income for over a month at all!

I never thought it would be accepted but am so pleased.

And I had my little boy Conal on 5/12 by induction then emergency cs as things went horribly wrong and didnt progress and then the cord was round his neck twice! 5lbs 12 ozs. He is doing very well and so am I now - I still have high blood pressure though!

Nicki

[Nooster]

Do you know I am so FED UP. Rang the job centre to trace claim today and its been lost - yes LOST!! I took it in person and handed it in so I didnt have to rely on royal mail losing it and its still bloody lost.

Is there any way I could have any more bad luck?????

Now I have to go in tomorrow, 39 weeks pregnant, there is no toilet there and I've spent the whole afternoon redoing the form and printing off scanned images of the matb1 form, the smp1 form and my wage slips that have all now been lost.

You watch me go into labour tonight!!

Nicki (angry)

[flowerybeaker]

rofl at 'tribunal agogo'!

Sounds like the Revenue are being helpful so hopefully shouldn't come to that.

[Nooster]

I am tempted to do that but have sent letter now - lololol. Impatience is my problem.

The thing is I want to keep them sweet.

I think my claim for MA may get rejected anyway so I shall see what happens and let you know. you've all been so helpful and made me feel much more confident about it all.

The inland revenue say I shouldnt need to go to a tribunal as they should be able to get it from my employer for me if it comes to it, if they can't then its tribunal agogo. Although i didnt want to go through this again.

I had to take my last employer to a tribunal 4 years ago after the birth of my first child as they refused to let me take all annual leave beforehand and then didnt let me have holiday pay either. I did win.

Nicki

[Carbonel]

I think I would be tempted to go back to them without mentioning that you may get MA - presumably that would be less than the SMP they are liable for?

If so i would simply say that you have been advised that redundancy is not a valid reason and they are still liable and if they do not make arrangements to pay you will be go to Tribunal. Your e mail sounds too apologetic to me they are mesing you around and legally should not

Good luck

[Nooster]

hahaha.
Yes, I will do that now! And get off this damn computer!!
Nicki

[flowerybeaker]

recorded

[flowerybeaker]

I would send it recoreded delivery and email it tbh - just to be sure - sounds like they are in a bit of a mess at the moment and you don't want it to get missed...

[Nooster]

Ive rang a few people,the job centre and inland revenue and I've found out my claim may go through, but it may not, and if it doesn't i have to ask my old employer again for smp,if they refuse i contact revenue and customs who provide me with documents to fill in and then they try and claim back the smp from the employer. They've told me to make myt employer aware of what is happening.

I've written the following email. do you think I need to send it in letter form or will the email do? Do you think it's ok?

------------

Dear employers

Sorry to be in contact about this again.

Just to let you know the job centre have been in touch as there may be a problem with my claim for maternity allowance as redundancy is not a valid reason for you not to pay me SMP for 39 weeks, you are still liable.

It may still go through but i have been made aware that there may be a rejection of it and all my claim forms will be returned back to me leaving me in limbo.

You are still supposed to be liable as I have been employed during the valid period.

I will keep you informed about what happens. If my claim for materntiy allowance is rejected I have to come back to you and request SMP and if this is not possible revenue & customs will be involved as I then have to complete documents from them.

I will (or my partner) still be in to collect the outstanding pay cheque at the end of the month.

Kind Regards, Nicki

I've also attached dti doc

Entitlements on redundancy during maternity leave

If an employee on ordinary or additional maternity leave is made redundant, her maternity leave period comes to an end. She is entitled to receive from her employer a written statement of the reasons for her dismissal, regardless of whether or not she has requested one, and regardless of her length of service. If her employer fails to provide a statement, or provides one that she considers to be inadequate or untrue, she may make a complaint to an employment tribunal, having first followed the Statutory Dispute Resolution Procedures (see Acas Code of Practice on dispute resolution). The employee should also receive her normal notice entitlement, or pay in lieu of notice (further DTI guidance available).
The employee may also be entitled to a redundancy payment.
The employee will still be entitled to Statutory Maternity Pay of up to 39 weeks once she has qualified for it.

[flowerybeaker]

I'm not sure, I would guess the yellow form about claiming money owed is the way to go? If that's not the case, a tribunal claim for unpaid wages would have to be it. If the company isn't actually in liquidation at the moment, I'm not sure of the rules, but it may be that you can't use the yellow form and need to go to a tribunal - I think Carbonel mentioned this earlier.

Bringing a tribunal claim is obviously not ideal but actually doing it for unpaid wages like this, where it's clear cut and the details are black and white facts is a lot easier than a complicated dismissal/discrimination/whatever case, so it might not be as awful as it sounds.

Can't remember if anyone has linked this earlier in the thread, might be useful about entitlements if your employer is formally declared insolvent, but see very user-friendly employment tribunals website, as you would have to bring a tribunal claim if your employer is not actually in liquidation or declared insolvent or anything. Sounds as though it probably will be if it isn't yet though.

[Nooster]

I know - I half expect to get the claim sent back as is my luck! At least I've put it in and will see what happens.

If it does get rejected and my former employee also refuses to pay, what do i do then? I can't have no money coming in at all!

Nicki

[flowerybeaker]

Oh and my concern about the SMP1 is that if someone is looking at it with regard to a claim you are making, writing on it that they can't pay you because of redundancy isn't a valid reason. The reason they can't pay you is because they are going into liquidation and do not have any funds available. I don't know how that works, but I was just concerned that some person looking at your form in the job centre might just send it back and say that redundancy isn't a reason and you should go back to your employer.

I'm sure you've explained though and they will be able to advise you whether there is any different procedure for claiming MA in your circumstances.

[flowerybeaker]

Glad things are moving a bit, I'm sorry but I don't know anything about JSA, sure start grants or tax credits I'm afraid.

[DaisyNightingale]

nooster, not sure I have the answer to your latest question, but just read your posts and wanted to say how sorry I am that you are having to deal with all of this, and pregnancy, and pre-eclampsia as well.

I would have thought that as you are only legally required to stay off work for two weeks, then you could claim JSA from that point, however, you have to be actively looking for work to claim it, which you might not actually be if you are having some time off with the baby. Saying that I claimed it after I had my DS (I moved to another town and gave up my job at the end of my maternity leave) and the person dealing with my case was very sympathetic to my plight.

I got the sure start grant as well, but I was a single parent at the time, so that might have made the difference.

Good Luck with it all and for the imminent arrival of your LO

[Nooster]

Hi,

They are going to pay me and give me my P45 at the end of the month for the first two weeks which I worked, plus a weeks notice pay (I've been there 18 months) my outstanding holiday is already taken as I took it all before leaving for maternity leave. This will be by cheque which I have said I will collect on the 29th, (Or dp will if I've given birth). i now don't have to claim anytihng back -if they do as promised of course.

I have got them to write on the signed SMP1 form; "cant pay due to redundancy" and dropped that off with my wage slips, the MA1 and the MATB1 all into the job centre today (I hate those places). I realise they are still supposed to be liable to pay my SMP but when they have no funds how can they? Of course if my claim for MA comes back with nothing then I'll have to retry getting it from my employer. I'll see what happens with the job centre claim.

What I need to know now is, Can i claim income based JSA or will I have to wait until after my 9 months mat leave and MA to claim this? without this I won't be able to get the surestart grant will i? aaaaaaaaaaaaaaaargh. It didnt matter before but with this ma I wont get my 6 weeks at 90% will I? Which I was sort of counting on.

I think I have earnt too much in this tax year to get anything more than the child element only of tax credit.
and because dp works as well we have always been over the threshold to get any benefits of any sort.

I know someone will be able to help me again. This is all so appreciated.

Nicki (hopeful the job centre moves fast!)

[Carbonel]

Sorry it took a while to come back to you ? I cannot pick up my home emails from work as those sites are blocked!

I have checked out the position ? cannot find any record of any formal insolvency which confirms what you have said.

Problem is, if there is no formal insolvency you will not be able to claim from the redundancy payments office (RPO) for redundancy (if you are due it), notice pay and outstanding wages.

You may need to go to an Employment Tribunal to get an award for your pay in which case the RPO will pay ? see these links.

I realise it is tricky at 37 weeks pg but there are strict deadlines if you do need to do this ? I suggest you ring the RPO helpline number (on the link below) and see what they say

Good luck

www.insolvency.gov.uk/redundancyandinsolvency/whatcanido.htm

www.direct.g ov.uk/en/Employment/Employees/Pay/DG_10027228

[flowerybeanbag]

Nooster that's good that you've got your documents and some more information.

Just to say though, redundancy doesn't affect your entitlement to SMP. The SMP1 form is quite specific, the employer has to tick a box saying why you are not entitled to SMP, reasons like you haven't been employed long enough, didn't give them enough notice, are in legal custody (), things like that. Unless there is another reason which they have indicated on the form, they are still liable for maternity pay. Of course you may still struggle to get it for the reasons discussed earlier, but redundancy is not a reason you are not entitled.

I have never filled in one but that's my understanding and from the one I found there isn't any option other than the ticky boxes.Is your form like this?

[Nooster]

Letter wasn't there so went into work to collect it. Got MATB1 form back and got an SMP1 form signed by them saying they couldnt may me SMP due to redundancy.

Company is not in liquidation as yet although all employees of it in Leicester are no more, there are two different "trading as" offices in London that have orders to ocmplete until February.

Have filled in maternity allowance form and am going to send it off.

Nicki

[Nooster]

OOOOOOOooooooooooo Carbonel, I shall email you with the company name as I have until at least lunchtime until my post arrives and I doubt very much letter will be there!

Flowery, I confuse receivers, liquidators and administrators and this is the 4th time ive been made redundant!!! Bloody rag trade. I am woozy on these tablets and not running on all cylinders -if I have to go there i wont be happy!

Nicki (37 +4 weeks pregmnant - aaaaaargh!)

[flowerybeanbag]

Oh cool, I am not as clueless as I thought .

Although having said that I would also probably confuse administrators, receivers and liquidators... At least I now know that a liquidator is called a liquidator!

[Carbonel]

TBH if the existing accountant is still involved then it sounds to me that the company is not yet in liquidation but is in the hiatus period whilst it calls a meeting of creditors to put the compnay into liquidation. If that is th case you may hve to wait for another two weeks or so until the Government will even start to process your form and then it will take several weeks to get any money. You should contact the DSS to claim whatever allowances you are due now ratehr than waiting (altho you will need a letter )

PS flowerybeanbag, Liquidator is the correct term, only Insolvency Pratitioners can be liquidators, receivers etc. I tend to use the generic term because most people mix up liquidators, administrators, recievers etc!

Nooster if you want to email me I will see what i can find out for you [email protected]

[flowerybeanbag]

Hi nooster good to hear you are all ready with your form which carbonel who is clearly the expert mentioned. There's me calling them liquidators when they are Involvency Practitioners

See if you get the letter tomorrow and do phone if not and get some answers.

SOunds like they are not a hugely cooperative bunch however can I just say the accountant would have known this liquidation was imminent and would therefore have probably been unable to tell you how you would get paid as he would have known that anyone getting paid in the short term was going to be problematic to say the least. So he was probably uncooperative because he knew he couldn't give you an answer but also was not in a position to tell you the truth.
I'm sure you're right about him being an uncooperative person generally but this time cutting him a weeny bit of slack might not be a bad thing, he will have an awful lot on his plate and lots of people after money from various places.

Hope you get the letter tomorrow anyway and look after yourself in the meantime.

[Nooster]

Hi,

I've got the yellow form all ready downloaded. Ready to go!

I haven't received the letter today, if its not here by tomorrows post I shall call and speak to someone. I know they'll have sent it 2nd class, I also may have to go in which is outrageous considering am supposed to be resting at home.

The existing accountant and his asst are still there as far as I know, as is the boss who owns everything who works in a company around the corner - i have copied him on all emails.. It is just one company that is being shut down and I dont know how that is happening as another one still exists in the same building.

The Accountant is the most unco-operative man you are ever likely to meet, who refused to answer how I was going to get paid whilst on mat leave on my last day last week.

Nicki

[Carbonel]

If you can name your employer here there are websites that can be searched to find out who the Insolvency Practioner is. They will then be able to send you the yellow form (RP1 I think it is called) which you will use to claim from the Gov't