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Original poster

Maternity pay confusion

12 replies

siennah0111 · 27/02/2022 18:05

Hi! I'm pretty new to mumsnet so please be nice!
I'm having major issues with my job giving me maternity pay. So payday hasn't even come yet, but my boss has had my MATB1 form since the end of November. The form was sent to the accountant who deals with all of the money and payslips. After asking and asking and asking, and now actually being on maternity leave, I haven't been told whats going to be happening in the eyes of wether I'll be getting maternity pay or not. I understand they should've given me the SMP1 form if they couldn't pay me or I didn't meet the criterial, but I do and I know full well my job would be able to pay me this money, it's just down to wether they want to or not. My boss has only ever given me the response of 'I don't know how to do it' or 'I'm figuring it out', but obviously I need to know what's happening in terms of me getting paid per month. Any advice would be appreciated! Thank you x

OP posts:
HalfShrunkMoreToGo · 27/02/2022 18:08

How long have you been employed by them and full time/part time. If part time, how many hours a week?

LittleOwl153 · 27/02/2022 18:11

Of you have completed the correct paperwork, handed in your B1 and given them to required notice etc - paying you maternity pay is not optional. Company policy/your contract should tell you what your are entitled to if there is anything over SMP, but there is no opt out of SMP for your employer. If he doesn't know what to do then he hands it over to someone who does - likely the person who usually does your payroll. If they don't pay you anything then then are in breach of your contract for unlawful deductions of earnings. When do you go on maternity leave?

FanSpamTastic · 27/02/2022 18:13

You can check how much you should get with the government check service here.

dementedpixie · 27/02/2022 18:15

Maybe contact citizens advice or maternity action.
They cant just opt out of paying you if you qualify

LIZS · 27/02/2022 18:20

It is not a case of want to or not. Either you qualify for SMP or you don't, and may apply for Maternity Allowance instead.

lanbro · 27/02/2022 18:28

Does your employer not use a payroll company? I do and they've proved invaluable for covid related SSP and claiming it back etc, if he doesn't know what he's doing he needs to speak to someone who does, he can't just not pay you what you're entitled to!

Original poster
siennah0111 · 27/02/2022 18:46

@HalfShrunkMoreToGo

How long have you been employed by them and full time/part time. If part time, how many hours a week?
I've been working there since March 1st last year and doing 27 hours a week plus overtime if covering shifts x
OP posts:
Original poster
siennah0111 · 27/02/2022 18:46

@lanbro

Does your employer not use a payroll company? I do and they've proved invaluable for covid related SSP and claiming it back etc, if he doesn't know what he's doing he needs to speak to someone who does, he can't just not pay you what you're entitled to!
Not as far as I know :( it's all done through PAYE and his cousin who is the accountant :(
OP posts:
Original poster
siennah0111 · 27/02/2022 18:48

@LIZS

It is not a case of want to or not. Either you qualify for SMP or you don't, and may apply for Maternity Allowance instead.
They know full well that I'm completely eligible which is the hard thing and they just won't give me answers. It's super frustrating and a worry x
OP posts:
Original poster
siennah0111 · 27/02/2022 18:49

@LittleOwl153

Of you have completed the correct paperwork, handed in your B1 and given them to required notice etc - paying you maternity pay is not optional. Company policy/your contract should tell you what your are entitled to if there is anything over SMP, but there is no opt out of SMP for your employer. If he doesn't know what to do then he hands it over to someone who does - likely the person who usually does your payroll. If they don't pay you anything then then are in breach of your contract for unlawful deductions of earnings. When do you go on maternity leave?
I just went on maternity leave this week and they've had all the relevant notice/ paperwork since I was given it by my midwife. Might be worth contacting citizens advice
OP posts:
GinPalace2 · 28/02/2022 09:29

If they don’t pay you and won’t issue an SMP1 contact HMRC as they are not operating PAYE correctly.

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