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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44874
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I was advised that I would be entitled to smp by my employer,

Customer Question

I was advised that I would be entitled to smp by my employer, however they got the dates wrong and I'm not, I did not check the details. I've been told that I'm only entitled to maternity allowance is there anything I can do?
Submitted: 10 months ago.
Category: Law
Expert:  Ben Jones replied 10 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Customer: replied 10 months ago.
Are you able to advice on my query?
Expert:  Ben Jones replied 10 months ago.
Do you have any more information for me, so I can look at the information and laws and get back to you. Thanks
Customer: replied 10 months ago.
I received written confirmation in November 2015 that I would be entitled to SMP, the payroll company has advised our HR team that I'm not it appears that I do not qualify by a matter of days the HR team got the dates wrong. They have sent me the completed maternity allowance forms. Is there anything I can do. I didn't check the dates myself
Expert:  Ben Jones replied 10 months ago.
Thank you for your response. I will review the information and laws and will get back to you as soon as possible. Please do not respond to this message as it will push your question to the back of the queue and you may experience unnecessary delays. Thank you.
Expert:  Ben Jones replied 10 months ago.
Thanks for your patience. The entitlement to SMP is not something which is done at the employer’s discretion – it is determined by law. So if the employer has told you that you would be entitled to SMP and you did not confirm this yourself, but they got it wrong, then you cannot hold them responsible for this error. Whether they made a mistake or not, the law would not allow you to receive SMP so you cannot force the employer to pay you for something for which you have no legal entitlement. Therefore, you should ignore the fact there was an error in what the employer said as that will not change things. The only way to overturn this would be to show that you meet the legal criteria for entitlement, so for example showing that the dates do match what is required. However, if it is clear that the dates are such that it makes you ineligible then unfortunately it would not be possible to take this any further. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Expert:  Ben Jones replied 10 months ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
Expert:  Ben Jones replied 10 months ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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