Contractual maternity pay ended early

From the scenario described I am wondering if the contract was for a fixed term because of funding, as you say your contract was due to end in the summer, or if it was open ended until funding ceased? However, it appears  your maternity leave commenced some time before your end date.

Maternity pay is a strange exception to normal remuneration as, even if a contract comes to an end whether fixed term or through redundancy, the right to statutory maternity pay continues. The obligation to pay maternity pay does not pass from the employer to the state in the event the contract comes to an end.

This will be why the university has agreed to pay the contractual (enhanced rate) until the termination date yet the statutory obligation continues beyond until the full benefit is exhausted.

The real question here is whether the contract should have been terminated at all and that can be more complicated. We would need to know the contractual terms. However, there may be a case for appeal against redundancy on the basis that the funding has not come to an end. Even if the contract was for a fixed term there is now an argument that this should be extended as further funding is now available.

As part of any redundancy programme there will be a right of appeal and you should take this opportunity to put that case. Indeed you indicate that the university is prepared to re-issue a contract for the remainder of the fellowship on your return, indicating that there is no reason to terminate in the first place.

I would argue that there is continuity of service and the contract should not be terminated and hence you should be entitled to the contractual maternity  pay until that ceases and the statutory  commences.

• Vote  
• 0
• 0
• You already voted!

• Tags:
• Enhanced maternity pay Fixed-term contracts