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Ben Jones
Ben Jones, Solicitor
Category: UK Employment Law
Satisfied Customers: 38727
Experience:  Expert in UK Employment Law
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I am currently on maternity leave and my boss has not paid

Customer Question

I am currently on maternity leave and my boss has not paid my statutory maternity pay since June (my maternity leave started in early May) I contacted the DWP who have ruled in my favour and will chase my outstanding money for me as my employer ignored all correspondence from them. I now have to wait until 22nd November before I contact them again when they will chase him further. I work for a small Company, and since I left on maternity leave I am aware that 2 other colleagues are also owed outstanding salary from the Company. One has since been made redundant, and is owed for July, August when he was working, and payment in lieu of notice for a following month and another colleague was paid part of Julys salary, but still has some outstanding salary, he is also owed for August, September and October, he told our employer that he would not go into work if he was not paid, and was told that he would be sacked for unreasonable behaviour if he did not go in. I work for a Limited Company, and my colleagues would like to know what will be the best way forward to claim this money from our employer.
Submitted: 2 years ago.
Category: UK Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello and thank you for your question, which I will gladly help with. Please let me know if you have formally made a demand to your employer to pay you this money?
Customer: replied 2 years ago.
The DWP have sent a letter to my employer saying that he must pay me my outstanding money as soon as possible, to bring my SMP payments up to date, I don't think my colleagues have done anything formal
Expert:  Ben Jones replied 2 years ago.
Sorry for the slight delay. Is the employer still trading?
Customer: replied 2 years ago.
Yes, they have moved premises (and haven't notified me, I know this from my colleagues who are also owed money) and they're not in liquidation. It's an accountants, and part of my role was to do work on Companies House. I've checked the company today on their website and it's still active
Expert:  Ben Jones replied 2 years ago.
Ok and finally – are you all going to pursue this together?
Customer: replied 2 years ago.
We're not sure, we're looking at the best way to go forward, I have HR background and as such my colleagues have been asking me for advice. I have told them to put everything in writing so that if they pursue it they can evidence their requests etc. I think that as long as the company remains solvent the DWP will pursue mine for me, but I don't expect to receive my money in the timescale they have stipulated to my boss. My biggest concern for myself is that if my boss goes into liquidation I will not receive my money, and as a single parent this is quite worrying. I am currently surviving on borrowed money, and would like to resolve this before this happens, which I think probably will. I am also aware that if we went to court it could force him into liquidation as I would suspect from post I opened prior to leaving on maternity leave that he owes other money too, and wonder what would happen to my statutory maternity pay in this case.
Expert:  Ben Jones replied 2 years ago.
ok let me just check a couple of things on this and I'll get back to you shortly
Expert:  Ben Jones replied 2 years ago.
Thanks for your patience. Section 27(1) of the Employment Rights Act 1996 sets out a wide definition of "wages". This includes any sums payable to the worker by their employer in connection with employment, including statutory sick pay, statutory maternity pay, statutory paternity pay and statutory adoption pay. However, the employment tribunal does not have jurisdiction to determine an entitlement to these statutory payments: this rests with HMRC, with any appeal to the Revenue and Customs Commissioners.

If HMRC decide that you are entitled to SMP, your employer should pay you by your next payday. If you are not paid, you will have to contact HMRC again.

If this decision is still disputed, it can be escalated to a formal decision, although the employer (and you) are able to appeal against it. If an appeal is launched it could take up to 30 days and payment will not be made until the appeal is heard.

Please press Accept for the advice given so far. I can then provide more detailed advice and guidance as required. I will also answer any specific questions you may have. Thank you

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