Smp- help

[Foxy89]

I dont know where to start so I am going to give a little info- and if anyone can help, and needs to ask question in order to do so PLEASE HELP

So I am 29weeks, I told my employer I was first pregnant when I was 8 weeks at the beginning of october I told him I would go on maternity leave in december, so this was when I was no further gone then 24weeks.
I then gave him my MATB1 form last week, problem is he doesnt know what to do- he said he cant afford to pay me it- I said no as long as you pay my NI you should be able to claim most of it back.
So today he calls them (I am there) to ask what he has to do, when he comes off the phone he tells me that I need to look online at advance funding smp- I said what if I need your details, he said well if you do let me know tomorrow!

Well I know this is not my job BUT what else can I do? I need this pay!
So I have had a look and still cant find out what I need to know!
Also everything I read, talks as if I am the employer, so I know he should be doing this!!
Where do I go from here? I dont need this stress anymore!

p.s been working for him since may 2009 so over year and half so definately qualify!

 

[Foxy89]

PLEASE SOMEBODY- sorry I see so many posts on here, I am scared that mine is going to get lost and I really need help!

 

[Vici]

You're better off posting this in the money section.

Plus - he HAS to pay it to you if you qualify x

 

[Foxy89]

I know he supposedly HAS to but I dont know where to start- bcos I have never had holiday pay either- I really dont want to have to go through a tribunal BUT I just want my SMP sorted!
The thing is he should beable to claim this money back- so now I hav got to find out how- well he has to but he has told me to go online tonight- which I have done but I am so confused, and I dont know still how and really is not my job, this is my time!
I will try and repost thank u x

 

[kanga]

You're right, it isn't your job to do the searching!

Be firm but polite with him - you are pregnant and the employee. You need him to pay you maternity leave from [date].
If he doesnt know what to do, he can take legal advice or employment advice.

To ease the blow, you could tell him you have looked into it, it all looks complicated and is for the employer to do, and you don't get it. He will have to deal with it

Unfortunately as you started looking into it already, you have made a bit of a bed for yourself. You need to get out of that bed asap

 

[lottie77]

Hi does he not have an accountant who deals with the wages of staff and his accounts because it is them who will sort it all out and will know excactly what to do and if he does his own accounts then he is at it he must know ?
sounds like hes just acting dumb and as others have said it is totaly up to him to arrange it not you and he has to pay you it no matter what his feeble excuse is go straight to your local citizens advice bureau and explain it all to them and they will tell you excactly what to do next infact tell your boss to come with you and they will set him straight, really hope you get it sorted

 

[lilbumpblue]

Phone ACAS hun they will advice you on your rights as an employee...he has got to pay you smp and he should also pay you holiday pay...he could get into serious trouble and you could actuaaly take him to court!! x

 

[LoraLoo]

Not your job to do this hun, I'm sure he has an accountant. Put it in writing stating what date you are starting Mat leave, state that you are entitled to SMP, Photocopy it too and keep a copy yourself. Tell him if he has any queries that the site said to contact ACAS xxxxx

 

[sk100]

SMP is your legal entitlement, as you know. I think only communicate with him via email so that you have everything in writing. Tell him in writing this is not your job to sort out. Be firm. If he doesn't behave fairly, you may need to seek legal advice.

 

[Foxy89]

hey just seen these replies, just wanted to update and say thanks

He is paying my maternity pay, got a 3 week cheque finally last weekend, he now has to pay me weekly, which would be one today, but I havent been in and I did say if my sister can collect the cheque on weekends it would be easier, it does mean waiting for my money cheque clearing 3/5days BUT at least I am getting it.

I cant be bothered to argue over holiday pay etc bcos after mat pay I will not be going back to work there I will find a reputable employer where I should never be in a problem like this again!

 

[lilbumpblue]

your holidays accrue whilst you are on nav leave too so he should Pay you for those at the end x