I am due to start my maternity leave next week (on my due date) and have just received a letter from my current employer stating that my current role is being made redundant. The only role they can offer me is more hours and in a different location - which is not what I want. Please can you advise what redundancy rights/package I would be entitled to (I have worked 4.5 years with them - so am assuming i get four weeks stat redundancy pay). However, am I entitled to this aswell as my full SMP for 9months? If I take the redundancy package and SMP, am I then restricted to when I start applying for another job?)"/>

Can I claim SMP and redundancy pay? Ask the expert

I am due to start my maternity leave next week (on my due date) and have just received a letter from my current employer stating that my current role is being made redundant. The only role they can offer me is more hours and in a different location - which is not what I want. Please can you advise what redundancy rights/package I would be entitled to (I have worked 4.5 years with them - so am assuming i get four weeks stat redundancy pay). However, am I entitled to this aswell as my full SMP for 9months? If I take the redundancy package and SMP, am I then restricted to when I start applying for another job?)

Tracey Guest

Answer by Tracey Guest

Provided a fair procedure has been followed in relation to the redundancy and you have not been selected due to going on maternity leave (which would give you claims for unfair dismissal and sex discrimination) then the following advice applies.
 
You would receive four weeks statutory redundancy pay plus your statutory maternity pay (SMP). You may also be entitled to your full notice pay at your normal rate of pay. This depends on whether your notice period is the statutory minimum notice (in which case you will receive the pay) or you are entitled to at least a one week longer period of notice under your contract (in which case you will receive notice at your SMP rate). In relation to working for a new employer while receiving SMP, the general rule (subject to limited exceptions) is that this will bring an end to your SMP. You are obligated to inform your current employer if you obtain a new job during the period they pay you SMP.
 
Please call me on T: 0161 975 3823 in order that I can advise you further as to whether you would have a claim for unfair dismissal / sex discrimination.

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.

Related tags: Redundancy | Statutory Maternity Pay | Tracey Guest

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