The general rule is that if you work for another employer (who is not liable to pay you SMP) whilst on maternity leave, you lose your entitlement to SMP for the week in which you work and for the remainder of your maternity pay period.
However, if you are working on a genuinely self-employed basis, this rule may not apply. Unfortunately, this is not a straightforward issue and will be for the Department of Work and Pensions (DWP) to determine.
You should ask your employer to confirm in writing the reasons why they have ceased payment of your SMP. If the matter cannot be resolved, it will be necessary for you to contact the DWP and ask them to investigate.
In relation to your employment with your first employer, I think it would be difficult to assert that their actions amount to a dismissal. Neither do I consider that this would affect your right to return to your job after maternity leave. Obviously, if there is a genuine redundancy situation then your employer will have to advise you of this and go through the normal redundancy process, such as consultation and considering whether there are any alternative positions within the company. As you are on maternity leave, you are entitled to be considered for any alternative work in preference to other employees in the same situation.
This gives a general overview only, based on the information available at the time of writing. It cannot be relied upon in any particular case. Specific legal advice must always be considered to include consideration as to whether the legal position contained has changed since publication. For further information and advice, please contact Lemon&Co Solicitors on 01793 527141 or visit their website: www.lemon-co.co.uk.
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