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I am being made redundant whilst on maternity leave. Usually employees who are made redundant in my company receive the statutory redundancy payment plus payment of their notice period. However, they have said that, since I am on maternity leave and my contractual notice period is one week greater than the statutory notice period, I am not eligible for notice pay at all. Is this correct and are all women on maternity leave who have notice periods of over the statutory notice in danger of receiving no notice pay at all?
Although it seems quite strange, your employer is correct in this case, according to section 87 (4) of the Employment Rights Act 1996. The general rule is that if you are on maternity leave or long-term sick leave you are entitled to notice pay UNLESS the employer is contractually required to give notice which is at least one week longer than the statutory notice period.
Answer by Helen Climance