MA or SMP

[malishka1]

Hi ,
I am wondering if anybody can give any advice on whether my wife should be entitled to MA or SMP, and which should she claim ?

I will be visiting the Citizens advice bureau later this week but would be interested in other parents opinions on our situation.

My wife is now around 22 wks pregnant and was only working casually 20-25 hours/week at minimum wage, shes worked for the same company for about 2 years. I calculated that her SMP, if she was entitled to it, would only be around £120-130 per week.

Due to some really serious issues with her employer, that I dont want to go into here, she is now off sick for a couple of weeks and won't ever be going back there. I just wont let her, due to my fears for her safety and the wellbeing of our baby.

We are worried that even if she was entitled to SMP through this employer, due to the previous issues she has experienced, the employer might try to cause some delay or problems with her SMP, lose the forms or otherwise try to annoy us.

I wonder if it would be better for her to just resign from the job and claim for MA, she should be entitled to this as she has worked for long enough and earned enough.

She is only a few weeks away from being able to go on maternity leave so wont lose much in the way of wages for a couple of weeks.

We should also get some child tax credits and working tax credits, as I am working fulltime on a low wage.

thanks for any replies !

 

[kit603]

As far as i'm aware if you're entitled to SMP then you can't actually claim for MA. I think you'd be better off speaking to your local CAB and asking for their advice on the matter.

 

[MrsRH]

yes as above, if you are entitled to SMP you can't claim MA. It may be slightly different if your wife resigns. Best speak to the CAB.

If the employer causes problems with SMP, any pay will be back dated. SMP is done throught the employers payroll so forms don't go externally.

best of luck

 

[daddy.danno]

yes as above, if you are entitled to SMP you can't claim MA. It may be slightly different if your wife resigns. Best speak to the CAB.

If the employer causes problems with SMP, any pay will be back dated. SMP is done throught the employers payroll so forms don't go externally.

best of luck

As said - payroll will be in charge of this.
he cannot refuse/delay your forms by law.
if he does he is in breach of his contract.

I like to see that a fellow father to be is on here, and firstly i wish you all the best with your new baby and family.

Going back to the situation, yes i aggree, mother and baby comes before work can i point out a couple of points.

1.) you say it was unsafe for your patner to be there whilst pregnant... Did the employer fill out a "Risk Assesment Form" for your partner, as they have a duty of care to her and have to eliminate all aspects of danger to her and the baby from her position, failing this you have a strong case on your hands for gross misconduct.
I will quote from the regulation of health and safety at work.

Under section 3 (1) of the Management of Health and Safety at Work Regulations 1999, every employer has a duty to make a suitable and sufficient assessment of the health and safety risks its employees are exposed to while at work.

This should be in writing in black and white.

2.) you say you dont know if you should get your partner to resign..
DONT. - Raise a grievience about how the situation has arose. (Obviously without knowing the full extent i cant comment to far on what can be done, but if you would like private advise on this you may send me a private message and i can help you out)
Raise it with another manager, or one up in line (Area manager, regional manager).
If you have witnesses who has seen whats been going on, take a statement from there, in writing to back up your case.
You can take in a union member to help discuss your case.
If you Resign, you are technically not helping your self in the long run.
You may not be ellegible for certain things.
Plus you may sacrifice a reference.
Your partner has every right to challenge the person who is causing the trouble, dont let it make her walk out, times are hard at the minute, you have legal rights, stick to your guns and pull through it.

Good Luck!