SMP for seasonal/contract/casual workers

[distressedmuso]

My main employer wants to calculate my SMP using the pay period from end of May to end of July, when they have no work to offer me so I will earn nothing… in a typical year I earn about £10000-12000 from them (self employed the rest of the time) so my average weekly pay over a year clearly isn’t zero. I do pay NI and tax from my wages from them.
Most of the work they have to offer me happens Autumn-January, sometimes with a little bit in Spring and Summer. I worked for them for one day this month (still May but before the qualifying time they want to use) and hope they don’t then offer to use this period to calculate my pay as I will have earned about £200 over whatever three months! I last worked for them and had a more ‘normal’ pay slip in January this year. Sorry if this is a bit convoluted but any advice would be so appreciated. Preparing myself to go to my union but can’t quite face it! Thanks.

They do not choose the qualifying period, it is specified weeks/pay packets. If you did not qualify for SMP you would probably get Maternity Allowance. www.gov.uk/maternity-pay-leave

Your employer has no choice as to which period to use for calculating your earnings for SMP - the period etc is prescribed by HMRC's SMP rules. They can't just change the statutory period to suit you (nor to suit them either!).

There may be something relevant here though www.gov.uk/guidance/statutory-maternity-pay-how-different-employment-types-affect-what-you-pay

Thanks LIZS this is what I’m counting on. From the gov.uk guidance it looked like the standard qualifying period was for use when an employee is paid weekly or monthly and I’m neither- I’m paid as required over the year but always ending up around £12k.

Don’t think I am eligible for MA as I have another employer as well as this one and my self employment. My SMP from my smaller employer will be about £99 per week so at this rate I will be worse off than if I was purely self employed getting the £156 MA! Total disaster.