Employment Lawyers Can Answer Your Employment Law Questions
Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.
Does your employer have a HR department?
Thank you. The issue is that the employer has not done anything wrong legally because all they would have had to do is look at whether you qualify for SMP and if not – issue form SMP1 giving reasons why and you can then use that to claim MA. Your expectation for them to have informed you earlier is not a legal one – it is just an ethical one, which a ‘fair’ employer should have probably done. But their failure to do so does not mean they have broken any laws – they have just not done what you may have expected them to from an ethical point of view, but that does not give you rights to take it further.
I appreciate this may not be the answer you were hoping for but it is the legal position and I hope that it at least clarifies where you stand?
I appreciate where you are coming from but it is not your employer’s obligation to sort out your benefits for you – all they have to do is pay you what you are supposed to get but working out what you get is your responsibility, not theirs. Until they have received the official request for SMP and processed it they are not obliged to advise you that you do not qualify.
So how long after submitting your request did you receive their notification that you do not qualify?
Very unlikely – after all it is not the employer’s responsibility to tell you what the process is – that is defined in law, it is on plenty of websites and you can ask for advice on it etc. So apart from an internal complaint about it, it would be very difficult to make a legal claim against them for it
No I was just wondering who you were dealing with and who I would direct you to discuss this with. It is nothing to do with the legal side of things, more practical
Laws about what – that the employer is not supposed to tell you that in the first place?
You won’t get anything that specific – you have to look at it from the opposite way – there is nothing that says they ARE responsible. So unless it says somewhere specific that they are, then it is assumed they are not.
Sorry but that does not make a change – as mentioned you can pursue it via an internal complaint but legally it will be very difficult for you to transfer the liability on to them – you are the one who has to work out what forms you need to complete, when and how. You can ask the employer for advice, but that is all it is – just informal advice and you cannot rely on that officially when all the rules are already set out in law
Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you
Hello, not sure if you are having trouble seeing my posts? I have not heard back from you since posting my answer and just need to know if your query has been resolved. If you could please post a quick reply to confirm I would be very grateful. Thank you