Basically my partner is only 5 month’s into her maternity pay and noticed last week that the payment did not go in. She emailed the company she worked for and got a reply today.

It stated that the company was no longer trading under the company name and it now has a new name and that she will get new employment forms in the post. But also that her maternity pay will no longer be paid to her.

Where does she stand with this and who do we contact as we cannot really afford to be out of pocket for another 4 month’s when we have a new child as well am really annoyed with them as they gave us no notice but stated that they stopped trading in the name on the 31st of may…

any employment law people out there or anyone with any knowledge on the matter would be greatly appreciated.

Well isnt she on statutory pay now which I think is funded by the government. The company claim it back from whoever – probably HRMC i would imagine.

I think the company are wrong here.

This is the email if anyone would wish to read what they have said…

Thank you for your email. As you can imagine, there has been a great deal to do as 3DP ceased to trade as at 31 May 2011.

With regard to your salary payments, I have been trying to establish what happens with you concerning your maternity pay. As 3DP is no longer trading I am assuming that rather than receiving maternity pay, you will now be entitled to maternity allowance. Unfortunately, I do not know who would be the best person for you to speak to. Suggestions would be the tax office, your local benefits office or possibly your health visitor. I am sorry not to be of more help. If you require a letter from me let me know and I will write one for you – just let me know the details.

I will be running a payroll for (name removed) this week. She will be paid from the new company which is currently being set up. It is called 3 Dimensional Print Solutions Ltd. The reason for the delay is two fold. We have had to open a new bank account – and that has taken rather longer than we had planned. Secondly, I will need to treat you as new employees of the new company. This requires me to set up new payroll records for you all within the new company. I have been waiting for the appropriate information from our accountant in order for me to do this. I shall be sending you some forms which will require completion by you. Whilst I have this information as you were previously employed by the 3DP, I have to obtain it from you for the new company. It is as if you have gone to work for another company and they would require you to give certain information.

I can only apologise for any upset and inconvenience this has cause you or Wendy. I am doing my best to sort everything out as soon as I possibly can.

sounds abit fishy to me ?

so should we be contacting HMRC?

Carbon is correct, she is entitled to statutary pay for 39 weeks however if she has been paid any additional maternity pay from the company that could stop.
Says mrs seanodav anyway.

Has the company gone bust?
Is it a ltd company in the which the directors have incorporated another to avoid debts in the old company?
Has her employment transferred to the new company?

Professional advice needed from CAB but sounds a bit odd to say the least!

alowance is what you get when unemployed, looks as though she is going on that till new company is set up

My benefit books are at work, but if you are not entitled to SMP you can get maternity allowance.
its all here

Whatever happens, i would apply for maternity allowance tomorrow

Has the company gone bust?
A: We are not sure what they have done just that they now have a new company name.

Is it a ltd company in the which the directors have incorporated another to avoid debts in the old company?
A: they are a ltd company who share stuff with other company’s

Has her employment transferred to the new company?
A: No apparently they are sending out new employment forms ? So all i can assume is they have made here redundant which means they still need to pay it according to HMRC.

Have a look at TUPE regulations too. She should be covered by both TUPE and maternity legislation/policy that was in place when she went on mat’ leave – in this situation and from the info you have given already I would say that there is a good chance the company is in a TUPE situation and as such all workers transferring to the new company will have their T&C’s protected (not indefinately but at least at point of transfer and more than likly beyond).
If they are not in a TUPE situation it looks like something very dodgy is taking place – further investigation needed by qualified people.

If you/she is in one speak to the union (if you’re not join one NOW, we are not all about strikes and sit ins – they are fun though and it gets us on TV and in the papers ,unlike the day to day good stuff we do like saving/creating jobs, providing free education, making sure workers are treat fairly by the employers (cos believe it or not some of them will shaft you at every opportunity) looking after the health safety and wellbeing of members , staff and the general public,free legal advice, campaigning to end poverty, making sure the gender pay gap is addressed, trying to secure work for the next generation – I could go on, but I suppose thats hardly headline grabbing stuff.
I await the M.O.R. psuedo tory onslaught with glee – but don’t expect a response, I wouldn’lower myself, and it’s what I do all day at work yawn yawn etc.

Back to the OP – all joking aside check out what I said about TUPE rights and maternity leave and get some proper advice.
If anyone in employment has the protection of the law it is pregnant or maternal women.

– she will be entitled to Maternity Allowance. I think you go to the Job Centre to get the paperwork.

– it sounds like he has gone bust and then “phoenixed” the old company. Either this had been done in such a way in which all the staff transfer over under TUPE rules, and the newco is liable for her Mat Pay and all other t&c’s as before OR he has made everyone redundant and then hired all the staff the next day in the newco. If the later she needs to find out who the Liquidator is – he should provide forms which enable the employees to claim unpaid wages (not SMP though – as you get MA instead) and statutory redundancy and notice pay from the Government’s Insolvency Service. If this is the case she should be very careful as she may not have a job to go back to. If he can’t or won’t provide these (or no liquidator is in place then I think you can get the forms direct from the Insolvency Service).

– It strikes me as very odd that your wife hasn’t been informed of any of this in writing before pay day… …was the boss a bit fly-by-night?

They have been trading for years she has worked at the place for 8 years so they were not a flash in the pan company. She has bent over backwards to help them at times and now they have done this.

Makes my bloody boil the fact that they have basically said we dont know what to do your on your own… But we will re employ you after !

was she getting just basic statutory maternity pay, or did her employer pay her more? (SMP is £128 ish pw)

is she in touch with any of her workmates who can explain what’s happening to them? (the same should happen to her)

this might help? (i give benefits etc advice as my job and the disputes team have been helpful in the past, rare for HMRC…)

http://www.dwp.gov.uk/publications/specialist-guides/technical-guidance/ni17a-a-guide-to-maternity/statutory-maternity-pay-smp/if-you-think-your-employers-decision/

Amazing how one company ceases trading, & another with practically the same name pops up. I’ll bet the directors arent on the net tonight worrying how to make ends meet.

Sorry I cant offer any advice re: maternity pay, but sounds like some folk above know a bit.