Employer cut the hours and days from my rota!!!

[MrsSasha]

Hello Girls,

Please help me with any information you know.

I am working in the hotel as a waitress for 3 years. Last year I was working about 20 hours @ minimum wage.

This year( from January 2012) my boss cut days and hours. Now I am working 2 days instead of 5 and its about 8 hours. I have asked my boss when am I going to work 5 days again. He told me they are thinking to close the restaurant for 3 days when I am not working.

I am 18 weeks pregnant & leaving in 11 weeks.

How is it my SMP will be calculated?
From january 2012 I am earning £50 per week.
Before that my wages were about £90 - £140 per week

I would like to get 128.70 per week on my maternity leave. So should I get some benefits or maybe find a second job for few months? Or leave job just now with the reason of - not fitted to work and get proof from GP?

I am in Scotland by the way. Really hope for your help girls!

I havent change this job, as I wanted to stay till maternity and now it seems like they are doing everything possible to pay me as less as possible when I leave

 

[MrsSasha]

as I understand, maternity will be calculated from 8 weeks my gross pay just before i am going to leave.

So, if I will still be getting £50 per week - I would not be able for SMP?

Maternity Allowance
You do not qualify for Statutory Maternity Pay because you do not earn on average at least £102 per week. However, you may qualify for Maternity Allowance, a weekly benefit paid to you by the government. Your employer may also offer their own maternity pay scheme. - this is what I get from maternity pay calculator ((

 

[xxembobxx]

I believe your SMP is calculated on the hours/wage you get during weeks 17 to 25 of your pregnancy. As your earnings are under £102 you would not be entitled to SMP. If you hand in your MAT B1 form from the midwife your employer should return it and say why you are not entitled to SMP and you can then claim for maternity allowance.
Do you have a contract of employment? It seems a bit convenient your work cuts your hours now you are pregnant. I would suggest you maybe speak to a solicitor (they do free initial consultations) about what your employer is doing.

 

[davidjoemum]

he really should give you notice that your hours will be reduced and your contract will be changed and if he wont close the restaurant like he said to you that will count as discrimination and its against the law i would seek advice from CAB.you will be entiltle to tax credit house benefit and council tax benefit.once your baby is born u can apply for child tax credit. ohh and once u sorted tax credit u can apply tor sure start maternity grand.

 

[MrsSasha]

Sorry girls, I have been away.

My contract says that I am employed for a full time , but anyway I will work as many as they will need me or do not need me. I went to CAB they told me there is nothing I can do about it with this contract.

I am not worrying anymore, as girls told me i will get MA £128 per week. its ok for me

 

[MrsSasha]

You are saying I can apply for benefits, but my husband have a business, so cauncil will have a look on his earnings and they will tell us we have enough money, so I think we are not able to get any benefits.

 

[xxembobxx]

Good news on the Maternity Allowance
You will have to send in 13 weekly wage slips which you should make sure are from the highest earning weeks out of the past 66 weeks.
Bear in mind you may have a few weeks without money as you will need to get the form from your employer stating you are not entitled to SMP and send the maternity allowance application off with your wage slips. Some people have waited quite a few weeks for their maternity allowance to be awarded. You do get a back payment but it helps to be aware there might be a delay before the money is awarded to you.

 

[MrsSasha]

Thanks! We are not in a hurry of getting money.