Answer by Tracey Guest

You are entitled to statutory maternity pay (SMP) provided you meet certain conditions. One of those conditions is that you are continuously employed for 26 weeks including the 'qualifying week'. The qualifying week means the 15th week before your Expected Week of Childbirth (EWC). Therefore if you are dismissed for redundancy and your employment ends before reaching the 15th week before the EWC you will not be entitled to SMP. There are two exceptions to this rule, the first is where you have your baby before the qualifying week but you would have remained working into the qualifying week if the baby had not arrived early. The second is where the employer dismisses you before the qualifying week to avoid liability to pay SMP. If you are not entitled to SMP you may however still be entitled to Maternity Allowance.

Tracey Guest is head of employment and a partner at Slater Heelis in Manchester. She specialises in employment law and is also a working mum.