Thread: Unpaid SMP help.

Hi and thank you in advance for any help you can offer.

I left my employment last October to commence my maternity leave, during which time the company had been bought out, I was made redundant in May 2008. I asked ACAS as to what would happen to my SMP payments and they "weren't sure" and told me to ask my HR Manager. I did this and was told that once my employment ceased, so would my SMP payments.

I found out recently that I was fully entitled to my full 39 weeks.

If you have the right to receive SMP, you'll get it even if you decide to leave your job (or are made redundant) before you start receiving SMP. Also once you start getting it, your employer must continue to pay SMP to you even if you leave your job or are made redundant.

Source: Maternity pay : Directgov - Parents

I wrote a letter 3 weeks ago to the gentleman who took over from my old employers and also copied a letter to my old employers (as I am unsure who is responsible). I repeated the above paragraph and informed them that I am still owed over £1200 (11 weeks SMP). I have heard nothing. I am just wondering what to do now?

Thank you.

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For what it is worth, I would get my local Social Security Office (or whatever they are called now) to take it up. The new owner has an obligation to pay any existing SMP, SSP etc payments. I cannot remember the exact law, but I know that when I bought my business, I had a statutory requirement to fulfil any existing statutory payments. If it was a small business, he can probably get the payments back from HMRC anyway. It looks as though he is just being idle or doesn't know the rules.

Originally Posted by Trilby274

For what it is worth, I would get my local Social Security Office (or whatever they are called now) to take it up. The new owner has an obligation to pay any existing SMP, SSP etc payments. I cannot remember the exact law, but I know that when I bought my business, I had a statutory requirement to fulfil any existing statutory payments. If it was a small business, he can probably get the payments back from HMRC anyway. It looks as though he is just being idle or doesn't know the rules.

Yes that's an idea, think it's the Department of Work and Pensions now. I called my old HR manager about it and he said "hmm well I know nothing about maternity pay anyway...." helpful! I shall call the DWP tomorrow, just angers me that they haven't responded and I could blooming well do with that money right now too!

Thanks

You're welcome and good luck. You can get lots of information on SMP and SSP on the HMRC website. HM Revenue & Customs: Home Page

Thanks Trilby. Just come off the phone to Revenue & Customs, because the 6 month deadline is up (last paid SMP in May and also made redundant in May) that they cannot take on this, she has said that she will contact the employer and say they have to pay, but can do nothing other than that, hopefully the phone call from them maybe enough.

I'm so angry as I was mis-informed in May and have only now just realised that I was entitled to this money.

I don't BELIEVE this ha ha ha ha ha! Postman's just been and I've just received an apology and a cheque for £1288.72!!

Best ring the Revenue woman back.....

Thanks

The new boss has obviously joined CAG! Well done - very pleased for you.