Work notified me I didn’t qualify for SMP after my baby was born

[Cafecat2024]

I work for a small third sector charity. I went on mat leave and two weeks later when my baby was 10 days old they got in touch with me to let me know they’d spoken to payroll and they’d made a mistake, I didn’t qualify for SMP with them because of the date I joined (just shy of the legal requirement to pay SMP as an employer). The whole time I was working there before I went on mat leave I was told all ok with my SMP. I am now waiting on MA confirmation and payments from there. I have lost out on a significant amount of money (6 weeks at 90%). Was it partly my responsibility to check if I qualified for SMP? Or was it HR/payroll?

Well both, I suppose but if HR told me I was eligible I doubt I’d check tbh. Hope they put that in writing.

I think you both should have checked.

But even if they had spotted this earlier, HR could not have done anything about this. There's a cut off date and you don't qualify.

I probably would have checked this and flagged but understand why you took the word of HR.

If you have in writing, I would be asking for them to certainly at least give you the 90% pay element as will you get that on MA?

100% your responsibility - the information is easily accessible.

and your contract likely has a clause about being responsible for any overpayments etc.

https://maternityaction.org.uk/advice/maternity-pay-questions/

"Your employer does not have to confirm your entitlement to SMP but it would be good practice to do so. If you do not meet the qualifying conditions for SMP, your employer must return your MATB1 maternity certificate and give you an SMP1 form. They should provide an SMP1 form within 28 days of the date you gave your notice. Form SMP1 states the reason why you have not qualified for SMP. If you do not qualify for SMP, you can claim Maternity Allowance instead, see below. If you think your employer has refused your SMP wrongly, you can call HMRC Statutory Payments Disputes Team on 0300 322 9422 to ask for a formal decision on your employer’s refusal. They will order your employer to pay it, if you qualify, or pay it directly."

Does it really make a difference, you were never getting it as you didn’t qualify, did you genuinely not know? Or did you know and keep quiet as you knew they’d made a mistake. Either way onus on both to check and the outcome is the same.

I don't think it is your employer's responsibility to provide this info; but I guess they do have a responsibility to ensure that any info they do provide is accurate. Mistakes happen, though, and absolutely you do have a responsibility to research these things yourself.

Would it have made any difference though? I mean, would you have conceived a few weeks later if you had the correct info? EDIT: Apols - I see now that the delay has cost you in terms of your MA claim

It is your responsibility to check as it’s a statutory entitlement. I know it’s too late but there is the gov.uk calculator https://www.gov.uk/maternity-paternity-pay-leave