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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49788
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Not paid maternity

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I gave my employer 8 weeks notice to return to work after maternity on the 6 jan 2014 they never put the date on their system correctly so is never got paid my January wages in jan not they won't pay company maternity payWhere do I stand as they messed up my pay now I'm being not paid for their mistake

Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Are you back in work yet?
Customer: No I was back to work 6 jan 14
Customer: didnt get paid for jan as employer didn't put my return to work date in correctly but got my jan pay in February, then got paid February onwards
Customer: send my hr dept my mat b1 for my next pregnancy and letter with maternity start date for baby no 2 , got a letter from employer saying I wasn't entitled to maternity pay so when I questioned it asking if it was because they had made a mistake with my return to work date I was told that they had made a mistake and then they recalculated to see if I was entitled and said I was. I then went on maternity for baby 2 on the 13 April 14. But havnt been paid since which employer is saying now I'm not entitled to maternity pay baca use my jan pay didn't get paid to me in jan which is what the maternity pay is calculated on. Even though I've done all I should have done in the correct time frames
Ben Jones :

Thanks, ***** ***** they saying that you do not meet the minimum earnings criteria over the qualifying period to be eligible for SMP for the new pregnancy?

Customer: Yes due to my employers making a mistake on my return to work date from the first pregnancy where do I stand due to their mistake as I have not been paid for 7 weeks now
Ben Jones :

If you followed all the procedures correctly, gave the required notice and all the issues are as a result of the employer’s errors, then this should not affect your entitlement to SMP the second time round. Technically you may have been paid later than normal and that could affect the calculation for your SMP entitlement but this is obviously not a rigid rule and must take into account the reasons behind it, otherwise every employer could try and ‘accidentally’ pay you late to try and their liability for paying SMP.


You need to resolve this directly with the employer. At first you would be expected to pursue this through the formal grievance procedure. This would be a formal complaint which they have a duty to deal with and investigate, providing you with an official reply.


If the grievance does not resolve this then you can make a claim directly to HMRC for the unpaid SMP. You can contact their disputes team on 0191 22 55221 to take this further.

Customer: Ok I've given all my return to work letter to my employer in enough time frame and fall owed the time frame from my behalf, the mistake from my employers has resulted in my smp being calculated as not being elegiable due to the mistake. I've contacted HMRC disputes team they say they can't do anything about it? So looking at grievances against my store manager and HR team as neither is taking responsibility. But if that doesn't result in anything what's my next step?
Ben Jones :

the final option is to make a claim for unlawful deduction of wages in the employment tribunal

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Customer: Think so
Customer: HMRC will they let me claim from them or do I need to go through a tribunal?
Ben Jones :

the HMRC process is through their disputes team so if they have said they cannot do anything then it would have to be a tribunal

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Ben Jones and other Employment Law Specialists are ready to help you
Hello, could you please let me know if I have answered your original question or if you need me to clarify anything else for you in relation to this – this is needed so I can either keep the question open or close it if no further advice is required? Thank you