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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50157
Experience:  Qualified Solicitor
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My sons girlfriend is 4 weeks away from having a baby. She

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My sons girlfriend is 4 weeks away from having a baby. She is Italian. She is entitled to maternity pay from the company she works for as an accounts manager.
The company issued notices some weeks ago saying they were likely to go into liquidation and that staff might want to look for other work.
She continued to work there until she was eligible for her maternity pay. At around the same time the company appears to have been sold to some Americans _ whether they live in America she does not know. HMRC have asked the original owners to write saying they are in liquidation however despite repeated assurance to her that they would send the letter they have not done so. HMRC say that she cannot have state maternity allowance until the 'dispute' is settled. By this I assume they mean the dispute about who is going to pay her maternity money. She has nothing to live on and can't pay the rent has been going on for weeks , it just drags on. She has furnished HMRC with all her wage slips and documentation. The original employers have sent no documentation.
She only has a phone number for the original employers. They live in London.HMRC cannot say when the matter will be resolved. Surely she has some entitlement to some money in the meantime. What is she supposed to live on?

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Is your son's girlfriend still working for this company? Also, are you mainly wanting advice on the employer's responsibility in regards ***** ***** or are you wanting specific advice on HMRC?

Customer: replied 1 year ago.
She is working 2 days per week on a non contractual basis for the company because she is desperate for the money otherwise she has nothing at all.
What I want to know is how this young woman who is just about to give birth to a baby and who is legally entitled to some maternity money can access this. The employer won't co operate and HMRC says it won't pay anything until the dispute with the company is resolved and they cannot say how long it will take.

OK thank you for your response. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your questions to the back of the queue and you may experience unnecessary delays. Thank you.

Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query.

Whilst I understand her frustration and predicament, there is not always going to be an entitlement which will ensure he receives money. At this stage there is clearly a dispute which is ongoing and which she cannot help in resolving any sooner. There is not much she can do in relation to that, apart from assist HMRC with their enquiries or hope that the employer comes forward and provides the relevant information.

In such circumstances people will often have to resort to getting help from family and friends, relying on loans or credit cards or checking if they are entitled to other benefits from the government.

She can go through the Benefits Calculator to see if she would be entitled to anything else in the circumstances, but sadly these are her only options at this stage, even if she has not done anything wrong.

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

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.

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