anyone any good at working out smp

Discussion in 'Pregnancy - Second Trimester' started by helen1234, Oct 6, 2008.

  1. helen1234

    helen1234 Well-Known Member

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    my employers have stated to me today when they gave me my maternity leave letter that i don't qualify for for SMP 'statutory maternity pay'
    i started with my new employer 22nd of April 2008 my baby is due 23rd jan 2009, my lmp was 18 April 2008.
    i went on the tiger tool on gov.uk and that said i was entiltled so i'm stumped and i have head mash:dohh:

    i know i'll get maternity allowance and any advice on how to go on with this would be appreciated.

    thanks you ladies
    xx
     
  2. xLaurax

    xLaurax Oliver and Chloe's mummy

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    I've got this dilema too hun, have you got your matb1 form? I've been working for my employers since Feb this year and there just being total cocks about things... if i get told i'm not getting SMP i'll gonna hand my notice in and not do any extra what they are asking me to do.

    Make sure you dont give you matb1 form to your employers. Also they have to fill out a SMP1 form too explaining why they are not paying maternity pay.

    http://www.jobcentreplus.gov.uk/JCp/Customers/WorkingAgeBenefits/Dev_008115.xml.html

    There is a form here what we have to fill out. Make s ure you get all the relevent papaerwork form your employers asap as we need to start the claim at 26 weeks.

    I have loads of stuff saved hun, so if you need anything just send me a pm :)

    xxx
     
  3. helen1234

    helen1234 Well-Known Member

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    i've already given them my matb1 form, HR are down anyway as i've raised grieveance against my boss for hovering round the loo while i was in there, then giving me a round of shouting for being in there too long, i was actually in there with constipation and was crying to my mum on the phone cos i had the start of piles.
    they have totally washed over the grievance as well maybe i should take it further, i aint going back anyway after my mat leave but by my calculations i been there 26 weeks by my 15 week before he's due.
    i'm confused dot com lol


     
  4. xLaurax

    xLaurax Oliver and Chloe's mummy

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    Yup i'm like you hun.... i'm confused but i think its just there way of getting out paying it and then claiming it back from HM revenue & Customs.... well thats the conclusion me and my OH have come up with.

    I would be taking the grievence further hun, they piss you about, you'll do the same... just remember to drop in the hints you know your rights in the workplace for pregnancy etc. My midwife will be making the phone call to my employer as they refuse to give me time off for maternity appointments etc.

    Get your matb1 form back off them and go through this channel.... do you work part time? If so is your earnings more than £84 a week in the last 10 weeks?

    xxx
     
  5. helen1234

    helen1234 Well-Known Member

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    i'm going to look into suing them for sex discrimnation, violating my dignity, bullying and belittling me in front of other members of staff.
    i work full time hun does it make a differance,
    i'm proper shocked at their behaviour
    xx
     
  6. xLaurax

    xLaurax Oliver and Chloe's mummy

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    They can refuse to pay if you earn lower than £84 a week....

    I would deffo go seek advise hun. I read on here the other day after someone had the same issue as you, they went to CAB and they did all the proceedings for them.... maybe worth a try and less stress for you and baby?

    xxx
     
  7. mrs shine

    mrs shine Well-Known Member

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    According to my green & purple book from the midwife, it appears they are correct :(

    It says you're entitled to SMP if you've been continously employed by the same employer for at least 26 weeks into the qualifying week (this is the 15th week before the week that your baby is due)

    To find out the qualifying week, take the Sunday before your baby is due and count back 15 Sundays from there

    My quick calc's take 26 weeks to Tues 21st Oct, whcih if they start weeks on Sundays will be w/c Sun 19th Oct

    But 15 weeks back from your due date takes you to w/c 5th Oct by wich time you will have only completed 25 weeks continuous service

    They don't sound like very nice employers but they will gain no advantage from not paying SMP, as it recovered by the employer from HMRC so costs them nothing
    For you though it sucks as you miss out on the 6 weeks at 90%

    PS have had a long day so may have misunderstood, please correct me if I've got it wrong
     
  8. helen1234

    helen1234 Well-Known Member

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    thanks for that

    awwww i'm out by a week what a bum huh, what i been reading up on though i'll be able to get maternity allowance though which isnt much differance to smp. i'll lose out on the 6weeks but i'll get over it..
    xx
     
  9. kitty1987

    kitty1987 Mum of 1

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    This thread just really made me panic!! I thought i missed my smp date but I have made it by exactly 7 days lol.

    http://www.hmrc.gov.uk/calcs/smp.htm

    fill this in it will tell you for def x
     
  10. tiggertea

    tiggertea Mum of Two

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    thanks for the calc kitty..... it just made me realise that i can actually go off work a week earlier than i thought! :)
     
  11. kitty1987

    kitty1987 Mum of 1

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    Thtas ok, just thought it might help a few people. It's put my mind at rest because I knew I was cutting it fine but now if work try it on saying I don;t qualify I can just send them to that site and laugh lol. Sorry work haven't been great!!!
     
  12. tiggertea

    tiggertea Mum of Two

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    isn't it amazing how useless employers actually are when WE need THEIR help, yet when they ask us to work overtime or something we usually do it without a fuss?!

    I'm having problems in work too and haven't even started about maternity leave yet.... I can't get them to provide a step-ladder.... a chair is supposedly quite sufficient.... grrrrr
     
  13. kitty1987

    kitty1987 Mum of 1

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    lol some work places are pathetic as soon as you get pregnant. The problem is my worplace didnt think I would kick up a fuss.I did though so I got moved out of a hot busy kitchen onto the ticket box office (cinema), still w orking in the kitchen on a sunday because it's dead and they let me sit down. However after sorting that out, Im now getting a 20 minute break everytime I do an 11 hour shift. Not really practical when I'm pregnant but they don't seem to understand that
     
  14. tiggertea

    tiggertea Mum of Two

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    o it just makes me cross!!!!!
    hope they start treating you better soon x
     
  15. helen1234

    helen1234 Well-Known Member

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    your both right and they have this great habit with me making me feel guilty for getting light headed after being stood up half hour, i got low blood pressure end of. i havent moaned once about being pregnant and i'm really good and organised in my job. i feel like they are making out i'm ripping them off or something.
    now my oh is getting all stressed with it too.
    not fair why don't they get there facts right, what was the point in pestering me for my matb1 form and then refusing me smp
    i'm seeing hr again this morning ask for it back and get another form off them which no doubt they'll look at me like i'm green and purpple lol
    x
     
  16. tiggertea

    tiggertea Mum of Two

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    if all else fails you could go to citizens advice and have them print and highlight all the relevant info for you to give to HR.
    ope you get it sorted Helen!
     
  17. helen1234

    helen1234 Well-Known Member

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    just came out of meeting with HR i'm literally 2 days out of getting smp lol :dohh:
    how bad luck is that grrrrr, my job is open for me to come back to though which is good, but how my boss yhas spoke to me lately then i just don't think i'll bother.
    i won't be losing out that much as i'll get maternity allowance from when i leave and i'll get it bumped up by family tax credit as well so all in all i'll lose approx £300
    what makes it worse is by the private scans i've had they put me back 3 days grrrrr and i know that they were right by my ovulation dates.
    but ohwell not to dwell.
    xx
     
  18. tiggertea

    tiggertea Mum of Two

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    aw that's awful!
     

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