NHS continuouse Employment & SMP

Hi,
My daughter worked for a NHS Trust for 12 months, she then moved to work for another NHS Trust. After working for a month she got pregnant. She has now been told that she is not entitled to SMP because she hasn't worked long enough with the NHS Trust. Does she not have continous employment with the NHS when changing trusts ?
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Comments

  • Section 12 of the RCN's hand book says - "An employee’s continuous previous service with any NHS employer counts as reckonable service in respect of NHS agreements on redundancy, maternity, sick pay and annual leave."

    The NHS handbook on T&C's says exactly the same, perhaps she should get hold of  a copy and ask for clarification of the position.
  • Is this still the same for Lab staff ?
  • Employed by an NHS trust is not role or job specific, is it?
  • Jackie1813
    Jackie1813 Posts: 61 Forumite
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    Maybe you have to have been employed for over two years for full benefit and not just statutory.
  • You have to have been continually employed for at least 26 weeks before the qualifying week, the qualifying week is 15 weeks before the baby is due.
  • Andy_L
    Andy_L Posts: 12,785 Forumite
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    Is this still the same for Lab staff ?
    Yes. Providing you are employed by the Trust rather than a contracted out service
  • Andy_L
    Andy_L Posts: 12,785 Forumite
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    edited 15 March 2023 at 11:38AM
    Maybe you have to have been employed for over two years for full benefit and not just statutory.
    There used to be a requirement for 12 months continuous service with any NHS employer as well as 26 weeks continuous service with the same NHS employer at the beginning of the 15th week before your baby is due (which I think is the standard stat maternity criteria)

    AIUI that second criteria is no more & I suspect the OP's daughter's HR/Manager have not realised this
  • Andy_L
    Andy_L Posts: 12,785 Forumite
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    Hi,
    My daughter worked for a NHS Trust for 12 months, she then moved to work for another NHS Trust. After working for a month she got pregnant. She has now been told that she is not entitled to SMP because she hasn't worked long enough with the NHS Trust. Does she not have continous employment with the NHS when changing trusts ?
    How long a gap was there between jobs? over 3 months will break continuity
  • She worked for the previous Trust for 18 months before she changed trust. The reply we initially got to her querying it was that they had checked the IAT and it said that there was a break in her employment. She did have a break of 2 weeks when she moved jobs so we know it's not that. There was a mistake made with her first month's pay, the wages dept not knowing she had started, so it might be something to do with that. We have requested they give us details of the break they are saying is stopping her claim and are waiting for their reply. All of her details had been checked out by HR before she claimed and they said she would be entitled to SMP. However she went into labour yesterday so we have other things on our mind at the moment.
  • Andy_L said:
    Maybe you have to have been employed for over two years for full benefit and not just statutory.
    There used to be a requirement for 12 months continuous service with any NHS employer as well as 26 weeks continuous service with the same NHS employer at the beginning of the 15th week before your baby is due (which I think is the standard stat maternity criteria)

    AIUI that second criteria is no more & I suspect the OP's daughter's HR/Manager have not realised this
    We will check this out when they have got back to us
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