NHS & Statutory Maternity Pay
Discussion
Didn't think I'd be back here so soon!
My wife, as has been previously mentioned, is due to give birth in August. She currently works for the NHS (well, started maternity yesterday), and has had what the NHS class as continuous service since July 2015.
Towards the end of April she applied for the occupational maternity pay, and statutory maternity pay, which NHS HR acknowledged (we have documentation for this) and appeared to agree to. On Thursday this week (12th July), as she was leaving to start her maternity, Payroll told her she wasn't eligible for statutory pay, but would give the occupational pay.
The reasoning is that she had not been employed by the NHS for 26 weeks up to and including the 15th week before the baby was due. Now, technically, this is correct. At the end of November last year she moved from one NHS Trust to another (a week or two before becoming pregnant), and therefore if you view them as completely separate companies, she had not been employed for 26 weeks by the 15th week before baby is due. There was no gap, she left one Trust and immediately started at the new Trust.
Also, looking at the documentation, when she applied for this, the NHS were supposed to have notified her within 28 days of applying that she wasn't eligible, which clearly didn't happen since it is now the middle of July and she is only now being told of this, and hasn't been given the SMP1 form.
She has already gotten on to HMRC to dispute it, but, my question is - what is the likelihood of this being resolved in our favour?
My issue with this, is that if the NHS class you as being continuously employed from a pension and increment perspective and are paying the occupational pay, surely they need to also then pay the statutory pay?
Is it worth taking this further, ie legal advice? We will wait to see what HMRC come back with before pursuing other options, but it isn't an insignificant amount of money that we would rather have than not have and I don't think that is unreasonable to consider that if you have worked for the NHS for over 2 years, then you are entitled to it, no matter if you have changed Trusts or not, you still work for the NHS.
My wife, as has been previously mentioned, is due to give birth in August. She currently works for the NHS (well, started maternity yesterday), and has had what the NHS class as continuous service since July 2015.
Towards the end of April she applied for the occupational maternity pay, and statutory maternity pay, which NHS HR acknowledged (we have documentation for this) and appeared to agree to. On Thursday this week (12th July), as she was leaving to start her maternity, Payroll told her she wasn't eligible for statutory pay, but would give the occupational pay.
The reasoning is that she had not been employed by the NHS for 26 weeks up to and including the 15th week before the baby was due. Now, technically, this is correct. At the end of November last year she moved from one NHS Trust to another (a week or two before becoming pregnant), and therefore if you view them as completely separate companies, she had not been employed for 26 weeks by the 15th week before baby is due. There was no gap, she left one Trust and immediately started at the new Trust.
Also, looking at the documentation, when she applied for this, the NHS were supposed to have notified her within 28 days of applying that she wasn't eligible, which clearly didn't happen since it is now the middle of July and she is only now being told of this, and hasn't been given the SMP1 form.
She has already gotten on to HMRC to dispute it, but, my question is - what is the likelihood of this being resolved in our favour?
My issue with this, is that if the NHS class you as being continuously employed from a pension and increment perspective and are paying the occupational pay, surely they need to also then pay the statutory pay?
Is it worth taking this further, ie legal advice? We will wait to see what HMRC come back with before pursuing other options, but it isn't an insignificant amount of money that we would rather have than not have and I don't think that is unreasonable to consider that if you have worked for the NHS for over 2 years, then you are entitled to it, no matter if you have changed Trusts or not, you still work for the NHS.
Looks like they are correct: http://www.nhsemployers.org/your-workforce/pay-and...
Different NHS Trusts are considered as different employers for statutory purposes, but the NHS occupational scheme recognises continuous service across the NHS.
Different NHS Trusts are considered as different employers for statutory purposes, but the NHS occupational scheme recognises continuous service across the NHS.
The "continuous service" is a Public Sector "thing" designed for the benefit of employees when calculating certain benefits such as OMP, Redundancy and so on. However the NHS is not a "single" employer. Moving to a new employer resets the SMP eligibility calculator.
In short, they are correct.
ETA SMP rules are statutory. It's not something the Trust can choose to pay / not pay.
In short, they are correct.
ETA SMP rules are statutory. It's not something the Trust can choose to pay / not pay.
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