Am I entitled to SMP?

[Kerry.]

I work at a pub as a barmaid/waitress. I've been employed there for the past 4 years (the past 52 weeks I have worked there full time).

I am paid weekly, cash-in-hand.

Does anyone know if I am I eligible for Statutory Maternity Pay?

 

[Vesta]

If you're getting paid cash in hand, I'm assuming you're not paying taxes on those earnings? If not I don't think you'd be enttitled to SMP I'm afraid. But I could be wrong.

 

[Cham]

Well you should be as you are working. However, I'm assuming that when you say you are being paid cash in hand, your 'employer' is not declearing you as working there and therefore neither of you are paying tax or NI (unless I've read this wrong).

SMP is paid by your employer and can be reclaimed from the government. But if they have no record of you having worked, I very much doubt your employer would be able to reclaim it and I doubt your employer pay you out of their own pocket (but you never know)

You could talk to your employer and see if they will.

 

[MrsRH]

As above, if it's cash in hand I doubt you'll get SMP.
If you are not paying NI on your wages either from your employer or yourself via HMRC you wont get maternity allowance either.

Leaves you high and dry unfortunately. So sorry hun

If you are working without a contract, it's difficult to enforce the maternity rules and allowances
xxx

 

[Kerry.]

Thanks for the replies. I do pay NI and it's deducted from my wages weekly, as stated on my wage slips. Does that change anything?

 

[Kerry.]

Sorry, reading back I probably didn't make myself that clear..

I'm given my earnings (cash-in-hand in that sense), as opposed to it being paid into by bank. I'm definitely on "the books" as my boss had to declare to HMRC when I changed from being a university student to full-time employee.

I hope that's a bit clearer

 

[Cham]

In that case, yes you should, as it sounds like you have both the minimum service and earnings contribution.

 

[MrsRH]

yes sounds like you will get SMP!!!
x

 

[LankyDoodle]

You have to have earned above the LEL weekly in order to get SMP. If you are paying NI then you earn above the LEL and if you've worked there for 4 years then you have worked there for the required amount of time.

You will get 90% of your wage for the first 6 weeks and 90% or 123 a week thereafter.