Am I entitled to maternity leave?

[Xxrzx]

Right this is a long one so bare with me and thanks for reading..

I started my job in November 2019. In January 2022, the company liquidated however my director had another company for me to work in so I worked there. I did NOT receive a P45. I was told this was continued service and instead received payslips that said the new company on there.

Now, October 2022 that new company has also been liquidated, so they have again put me onto a new/ different company and the accountant has asked me to fill out a HMRC Starter checklist. Please note I did not receive a P45.

Is this continued service? Am I still entitled to maternity leave?

I would ask the accountant asking you to full out the firm whether it is continuous...

On the assumption that it isn't then yes you are still entitled to maternity leave. What is at question is your maternity pay. You are entitled to maternity allowance claimable from the government which is the same as SMP rate for 9 months. Whether you get any enhancements from your new company is anyone's guess without the detail.

Everyone is entitled to maternity leave. I suspect what you are asking is if you're entitled to maternity pay as they both have different criteria.

What stage of pregnancy are you at?
You can claim Maternity Allowance which is the same as SMP except it doesn't have the 6 weeks at 90% of salary.

Just found out I am. I will ask the accountant for further details

Just to update you, I have been told by the accountant it's called TUPE and am entitled to maternity pay as it's continuse service

It sounds like they are just moving you from one legal entity in a group to another? That doesn’t sound like TUPE to me if so. I also find it strange that an accountant is getting involved in stuff like TUPE and new starters and continuous service, this is HR territory not accountant territory. (And I say that as an accountant but one that planned a career change into HR and have CIPD L7).

@Aprilx it's a small company with no HR team. So do you think it's not TUPE? Would I not be entitied to maternity?

@Aprilx not sure why she would say this to me. She is a qualified accountant. The director has owned all the companies and I have not received a P45 for any. Just been moved accross and she told me I have been TUPE'd

It sounds like TUPE to me. The accountant will know and has all the information.

If you don’t have it in writing just email further to our conversation thank you for confirming that I have continuous service and will qualify for maternity pay.

@Princessglittery she told me to write her an email saying continued service and the dates and company's included. Also asked for the HMRC starter form. Would that be enough?

Yes that should be sufficient.