Have received no Maternity Pay from my employer - what to do next?

[WilloughbyWallaby]

I'll try to keep this really brief...

I was working as a nanny for a private household when I found out I was pregnant. Hadn't been there very long, but long enough to qualify for SMP. I notified my employers immediately (mum is an Obs/Gynae consultant, and has 8 kids, so knows a thing or two about pregnancy and motherhood) and went on maternity leave at the end of October.

When I left they gave me 6 cheques (for my first 6 weeks payments) but pay slips until the end of the tax year (so, until last month). So, I have had NO pay since the beginning of Decempber, but proof that I'm owed quite a lot of money.

I spoke to someone a few months ago who said that my employer should pay me and then claim it all back, but she is saying that she can't afford to pay me until they pay her.

We're really struggling for money at the moment (obviously) and the amount I'm owed is over £2,000 now.

What can I do?

P.S - yes, they do have 8 kids, but they've all been put through private education etc, they own three houses, are very well-to-do. It's not like I'm asking for money they honestly can't give, because I've seen them fritter LOADS away on nothing.

They also don't want me back after my Mat leave has ended, as they don't want a nanny who has children. It's fine by me, but means I don't particularly mind if I have to get a bit messy, as I'm getting slightly annoyed now.

Call ACAS for advice. It's actually a really simple claim if you need to get legal.

Write her a letter detailing the payments due to you and giving her 7 days to pay (or to hold a meeting with you to discuss it. Stress that this is only if she doesn't beleive that the money is due, as her financial circumstances are not your concern). After that, you will want to file a claim for unlawful deduction of wages at the Employment Tribunal.

Gah, I hate it when nanny employers behave like this. FWIW, when I had to reclaim a tax rebate I paid my nanny, it took about a fortnight. No idea if that was particularly lucky, but I don't see how she's going to get the SMP back unless she can prove she's paid it.

Statutory Funding

Speak with your employer and make sure she is aware of Statutory Funding which will pay the SMP in advance (I'm not sure how much in advance, think some parents have mentioned on here before that they have got the full payment but things do change over the years).

Is this SMP you mean? As a very small employer your boss can get it in advance from HMRC. Small employers who don't have lots of cash flow can request advance payments. She will also get more than you get, small businesses get something like 104% of SMP, so she gets a bit extra on top. HMRC are fine about paying small businesses in advance, I know because I claimed myself recently. Not that that's your problem of course. Your boss should pay you and she should be the one to worry about how.

When you say they don't want you back after maternity leave and don't want a nanny with children, presumably what you/they mean is that they don't want you to bring the baby to work with you and you don't want to return to work on that basis?

You need to write formally to your employer requesting payment of the SMP that you are owed. Say that should they refuse to pay you the money you are owed you will be in touch with the HMRC Statutory Payments Disputes Team. Their phone number is 0191 225 5221.

Thank you all so much, I was (for some reason) a bit scared of pushing it as she's a bit of a handful at the best of times.

Yes, this is SMP (something like 90% of my wage for the first 6 weeks (which I did get), then £124ish for a further 29 weeks. Is that right?).

Yes, they don't want me taking the baby to work, which, given the hours they expect, would be the only option. I have no desire to go back to work in that house anyway, they were horrendous to work for and I only stayed to be eligible for SMP (oh, the irony!).

I've already got a spreadsheet detailing how much I'm owed, so I guess I'll make a start on that letter.

Final question though, should I go to HMRC Statutory Payments Disputes Team, or file with Employment Tribunal?

You could do both. You could say in the letter that you will do both, and then when she refuses to pay you, give the HMRC line a ring and see what they advise in terms of your next steps. They may intervene on your behalf anyway, and you won't be losing your option to put in a tribunal claim.

Spoke to the Disputes Office and they're going to intervene now, as it's been a stupidly long amount of time.

Thank you all so very much