Employer refuses to hand over SMP1

[spamheed]

Just to provide some sort of background:

 

My wife gave me a daughter in November of 2011 after a particularly difficult preganancy which resulted in many trips to the doctors and a week in the maternity unit mid way through her pregnancy, she was due to return to work on or about the end of July 2012. she works for a post office/coner shop type business. I am in full time employment and can to some extent "carry" the reduction in income for a short while.

 

We found out she was pregnant again in April 2012 (I know, I know) and as with the first pregnancy, she had difficulties which resulted in her going on the sick straight from finishing her (first) maternity period.

 

She has kept in touch with her employer at all times and produced sicknotes from day one, she submitted her MAT1B a couple of weeks ago and told her boss that she would begin her maternity on 22nd Oct 2012.

 

We thoroughly expected that she wouldn't qualify for SMP and would have to apply for Maternity Allowance, her employer would need to return her MAT1B and supply her with an SMP1 form, from there she would need to apply to the Jobcentre for MA.

 

She contacted her employer on Monday to ask when she would be receiving her SMP1 and her employer responded with "you'll get it when I have time to do it, and as I haven't done it yet, you'll have to wait" :-x

 

this has gone on now three weeks with her boss refusing to supply the document and my wife unable to apply for MA because she MUST have the SMP1 signed by her employer - catch 22

Edited October 25, 2012 by spamheed
Got the dates wrong

[assisted blonde]

Has she requested it in writing?

[spamheed]

Has she requested it in writing?

 

Yes she has, also phoned a few times, prior to today, the only time she has had a reply is when she has sent a text. It was only today when she realised her boss was being so obstructive.

 

Have spoken to Jobcentre, HMRC and ACAS, all have said they've never come across something like this before and there is nothing they can do to compell her to give my wife the form.

 

Given that this is a legal instrument and it is mandated that the employer should serve it on an employee who fits the specific criteria (ineligible for smp etc) I would assume that there would be some kind of enforcement mechanism, but apparently not!!

[Emmzzi]

Talk to the disputes team

 

http://www.dwp.gov.uk/publications/specialist-guides/technical-guidance/ni17a-a-guide-to-maternity/statutory-maternity-pay-smp/if-you-think-your-employers-decision/

[spamheed]

Talk to the disputes team

 

http://www.dwp.gov.uk/publications/specialist-guides/technical-guidance/ni17a-a-guide-to-maternity/statutory-maternity-pay-smp/if-you-think-your-employers-decision/

 

Spoke to them this morning on my wifes behalf, apparently they're going to send her boss a letter with a penalty notice, my wife is going to go down with the kids and stand in the queue until her boss signs the form.

[Emmzzi]

I think that's a result

[honeybee13]

Nice one.

 

HB

[spamheed]

Let's hope so, cannot understand why people behave in such a foolish manner

[Emmzzi]

Let's hope so, cannot understand why people behave in such a foolish manner

 

Because he thinks he will teach her a lesson" for being both ill and preggers. Don't get me started ....

[spamheed]

Because he thinks he will teach her a lesson" for being both ill and preggers. Don't get me started ....

 

 

Sorry, I didn't say earlier, My wifes employer is female, married with kids, which I would think would make her more sympathetic......obviously not!!

[Emmzzi]

small businesses always take it personally.