Pregnant and facing redundancy – will I get SMP? Ask the expert

Hello I have been working for my employer for six months. I am six weeks pregnant, my company is considering making redundancies. I would like to know please, whether I will qualify for statuory maternity pay if I am made redundant. Thank you.

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.

 




Comments [1]

  • Anonymous says:

    I have a question about SMP and Maternity Allowance. I work part time (20hrs/week) and have been employed from July 2011. It is a contract job (ending 31 Dec 2012). My EDD is 10th Dec 2012. I was planning to go on maternity leave from 1st Oct 2012. But before I could do that I have been told that my role has been redundant and the contract is expiring on 31st Oct 2012 rather than 31 Dec 2012. I would like to know if I am eligible for any SMP or maternity allowance and redundancy allowance. 

    Editor: This is a complex area in terms of whether, as a contractor, you are self employed or an employee – see http://www.direct.gov.uk/en/Employment/Understandingyourworkstatus/Workersemployeesandselfemployment/DG_183494. You will need to provide more information for our legal team to properly advise you, for instance, are you directly employed or employed through an agency? Go to the Advice & Support/Q & A box and fill in the box and we will then have you email and be able to ask follow-up questions so we can advise you properly. 


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