If I change company but keep the same employer will I get SMP?

[TC95]

Hi I’m currently 7 weeks pregnant and in the next couple of weeks I’ll be changing work locations but staying under the same employer. I asked my employer whether I would be entitled to SMP and she said she didn’t think so as it’s classed as a different company so would be like changing jobs, so would only be eligible for maternity allowance. I just wanted to see if anyone else had experienced this and if I would be eligible for smp or if I’m going to have to have maternity allowance?

You have said two very different things here. Changing LOCATION with the same employer should not impact on your continuous service. But changing COMPANY will - you cannot change company and still be with the same employer! There are a few "special circumstances" largely in the public sector, where there is something called an "associated employer" - so, for example, local councils transfer continuous service across councils. But it sounds like that doesn't apply here - it seems you are talking about different limited companies. But you'll need to clarify what exactly you mean as it really isn't clear.

Could you give an example of what you mean by employer and company? Who pays you now and who will pay you when you move?

Do check.

For example you could be working for Joe Bloggs Co and moving to a different legal entity even thought they might be related. So to Joseph Bloggs Co.

Lots of companies appear the same but are legally different!

Who will be paying you?
Is it same company, different location?

Thanks everyone for taking the time to respond so it’s the same person who owns both places of work, so multiple nurseries owned and I’d be transferring to a different nursery that she owns. It’s all a bit confusing to me as she’s said it’s classed as different companies, my pay will be coming through the same way and I’m working exactly the same hours and job role just at a different location

As her to confirm in writing that you will have ‘continuous service’.

How has she set them up? (You can check on companies house)

If it's
Happy Nurseries Co
then Location A, Location B (Similar if you worked for like tesco or something) then it shouldn't be affected if you change location.

If they're set up as different legal entities then you might struggle to be honest.
Happy Nurseries Co (Location A)
Smiley Baby Co (location B)

If they are set up as different legal entities and different companies so to speak then you can ask her to transfer your continuous service but you wouldn't be eligible for SMP, it's a bit of a legal loophole (essentially if you're going to get a P45 when you move).

Same example...you work for Tesco in store, then move to One Stop. Technically although owned under the same banner its two separate companies,