NHS: SMP and Maternity pay

inkie

There certainly seems to be some discrepancies - Annual Leave is based on continuous NHS service, not just trust service, where hubby works.

macgyver

Thanks everybody for your replies.
She did speak to a lady from trust before starting told her that she is entitled to get the SMP which the salary department is refusing now.
She has spoken to the salary department again but unfortunately, the lady who deals with maternity pay is off sick now. Lets hope she returns to work on Monday.
But what i am presuming is that she will get the MA and hope that she gets the 90% full salary for 8 weeks and upto 50% of salary for six months. (This is what she was told earlier.)

SomeBozo

The NHS is not a national employer

This is just pish posh! Some of the advice here! Whilst each trust is unique employer (with its contracts and rules) you do gain continouos employment rights (otherwise Agenda for Change would not work!).

macgyver, on your wifes contract will be a "nhs continuous employment" service start date. Your wife fills this in and then the new employer checks it out.

As long as there were less than 3 months between leaving her old post and her new post, and her post is covered under Agenda for Change, she will be fine.

Bozo

macgyver

Update....

After speaking to all the parties we deicided on applying for maternity allowance. We needed SMP 1 form from the previous employer as well as my wife was working with the previous trust in the 15th week before her Expected date, although she changed jobs the next week, which we got and submitted the maternity allowance form to the Job Centre Plus by post.

But the claim has been refused by Job centre saying that the previous trust should be paying the SMP as she satisfies all the conditions for having SMP from them--
1) She was working in the 15th week before ED with them
2) She has worked with them for more than 26 weeks
3) She was earning more than £90/week

But the previous trust are simply refusing to pay saying that she is no longer working with them, so they won't pay. They feel, it should be her new trust who should be paying.

And we have to claim the SMP or Mat Allowance before 11th Feb to have a valid claim. So in a fix now!!! What to do?? Have faxed the old trust the copies of the letter from job centre and waiting for response.

Any suggestions?
Thanks for looking

honeypop

Not sure what you do next, but make sure the previous trust are aware that they don't actually foot the bill for the SMP, they pay it out and the government refund it to them. So if they are worried about losing out on money by having to pay SMP to someone who doesn't work for them anymore, then they just don't have all the info and probably don't realise it is refunded to them. Anyone who knows their stuff in the payroll dept or whoever is dealing with it should know this, however it's possible they don't for some reason.

AFAIK the employment law or whatever it is states that the employer with whom you are employed in the 15th week before EDD is the one who pays the SMP regardless of whether you are still employed by them at the time of being paid the SMP.

Edit: Just found this on the direct.gov website:
"
How to appeal


If your employer cannot pay you Statutory Maternity Pay

If your employer can't pay you Statutory Maternity Pay they will give you form SMP1 that explains why. Your employer must also give you back the maternity certificate you have given them.
If you believe your employer's decision not to pay SMP to you is wrong, or that you are not getting the correct amount, then you should contact HM Revenue and Customs (Statutory Payments Disputes team) on 0191 225 5221. They make decisions on SMP where the employer and employee cannot agree."

Definitely give them a call!

macgyver

Thanks for the reply.
In fact we did speak to the (Statutory Payments Disputes team) on 0191 225 5221 but they said since Job Centre is looking into the matter, they will sort it out. But today, the job centre has sent us a letter saying that they cannot pay us the maternity allowance and it should be the previous NHS Trust with whom I was working in the 15th week before ED should pay.

We have faxed them a copy of the letter, lets see what they say to it.

Thanks

Girlzmum

Can you not approach your union for help with this?