Redundancy During Maternity Leave: Your Rights

 

Working Mums has been receiving several requests for expert help from people who have been threatened with redundancy during maternity leave or approaching maternity leave. This is a brief overview of the issues.

1. If you are worried about being pushed out while on maternity leave: you are entitled to be given your old job back if you are on ordinary maternity leave. If you are on additional maternity leave, your employer should offer you a similar role in terms of status, pay, etc and you would still be justified in questioning why you didn’t get your old job back.

2. You can be made redundant on maternity leave, but special provisions apply to protect you. You must be given first refusal on any suitable alternative employments. If your company is part of a chain, for instance, and only one branch is being closed down, they need to offer you any jobs that become available elsewhere. As with any other employee, people on maternity leave who are threatened with redundancy should be notified of the redundancy process, be consulted, be included in the pool and put forward for redeployment. Pregnancy or absence due to maternity leave should not be considered as reasons for redundancy.

3. To qualify for SMP you have to be employed for at least part of the 15th week before the expected week of childbirth. Your notice period will have an effect depending on how it is treated by your company. If the company pays you in lieu of notice, your termination date will be sooner and they will simply pay you a lump sum up front. If they cannot pay you in lieu of notice or choose not to, this will extend your termination date by the period of notice you are entitled to. As long as you remain employed after the 15th week, you are entitled to maternity pay even if your employment ends. For contractual maternity pay, you normally have to return to work after your maternity pay to keep the extra, but you need to check the specific details with your employer. You will be entitled to your notice pay on top of this and this will sometimes be paid in a lump sum. If your employer asks you to sign a compromise deal it is usual practice for them to pay or contribute to your costs of seeing a solicitor to discuss the redundancy and the compromise agreement.
4. Liability for Statutory Maternity Pay will normally pass to the Secretary of State in cases where the employer is insolvent. For more information, call the Redundancy Payment Services helpline on 0845 145 0004.
5. If you are made redundant while on maternity leave, the redundancy normally becomes effective immediately, unless otherwise agreed during consultation.
More information from Acas.
recruitment, part time staff, flexible work



Comments [58]

  • Jess says:

    Hi,
    I am being made redundant 4 months before my due date. The company I work for have agreed to keep me on for a couple of weeks to ensure that I will still receive SMP.
    Am I still able to get a temp job once finishing here for the next couple of months or until my due date or will this jeopardise me receiving SMP?

  • Stacey says:

    I got made redundant on my due date due to the buisness closing down. I got my notice pay and holiday pay hower it’s been 7 months and I still Havnt received my redundancy pay. Is this normal? Should I have got it already or do I receive it when my maternity finishes?

  • Cd says:

    I was told few days after i started my maternity leave that I was being made redundant. I know I will still get the smp however my contractual notice period is 3 months. The company says they don’t have to pay me my full salary during this 3 months notice period but that they only have to pay me the SMP. Is that correct ?
    (I have been working in the company for 1 year).
    Thanks!

  • K says:

    I returned to work in February after both OML and AML. During my AML, the company restructured. I was offered my old role in combination with another role (a new position with therefore more responsibility) at a LOWER grade. At the time I was very ill (I was ill most of my maternity leave) and only briefly debated this….there was no consultation process I was just told if I didn’t take the role I would be considered to have resigned and would get no redundancy. I didn’t want redundancy anyway but I have worked very hard to get to a senior grade in my male dominated company (only 7% women in my part of it) and to be demoted (although pay and benefits ring fenced for now….though it appears that both the car and bonus scheme are under review so this will enable them to reduce this in another way) seems very wrong and de motivational. Anyway, my question is, should I now take this up with them even though it’s about 9 months later? Was it ok for them to demote me when giving me a role with more responsibility (which includes my old higher grade role)?

  • Rosh says:

    I am 29 weeks pregnant and getting made redundant. I know I will still receive my maternity pay plus my redundancy and notice but what about holiday pay? I was planning on taking 4 weeks holiday at the start of my maternity but not sure this is possible now?

  • Rosanna says:

    Hi there, I am currently 18 weeks pregnant and was after a little advice. There are a lot of rumours going around in the office about our whole department being outsourced. Apparently the notice of redundancy announcement is supposedly being made at the beginning of April. My baby is due late July and I believe the first lot of redundancies would be made at the end of October this year. I would just like to know where I stand in regards to maternity pay? Currently my company offers 6 months full pay, followed by 13 weeks SMP followed by 13 weeks unpaid leave.

    • Mandy Garner

      Mandy Garner says:

      Hi Rosanna,
      If you are still in your job as of the end of the 26th week of pregnancy and earned an average of at least £112 a week in the eight weeks leading up to the 26th week you will get SMP. With regard to your company’s enhanced maternity pay, you would have to check your company’s maternity policy carefully to see if it says anything about redundancy, etc.

  • juliet Smart says:

    I went on my maternity leave in November last year. I totally forgot I was suppose to be back to work in August, and I was thinking it was in November am a first time mum. I tired ringing my work place if they could tell me when am suppose to be back to work. They told me my name as been taking out of the system they where thinking am not coming back to work. And have been working with my company since 2012. Please what can I do?

  • Pauline says:

    Hi,
    I went on maternity on the 1st September 2014 I took a full year so was due to go back on the 1st September 2015. I had a fixed term contract that ran out on the 31st August 2015 I was advised I would be made redundant on the 31st of August I’d been there for 6 years. I had a meeting with my manager and got a letter giving me notice about tha redundancy I’ve not been told how much I’m going to get in regards to redundancy pay or when. I’m not sure what to do now? Whilst on maternity I only received smp.

  • Kelly says:

    Hi, I have been back at work for 4 weeks following a year off on maternity leave. Whilst on maternity leave my role was replaced with a permanent full time member of staff. In my meeting before returning HR had no idea what I would be doing as the lady who replaced me was doing everything I did and when my manager met me on my first day she was struggling to find things for me to do. Also my husband recently left the company just before my return. Me and the lady who replaced me have both been told we are in the consultant period for being made redundant. Is there anything I can do as I feel if my replacement wasn’t permanent and temporary until my return, this situation wouldn’t have occurred?? Thanks in advance.

  • Cathy says:

    Hi, I am going on Mat leave 14 Sept, and am being made redundant on 30th Sept- I need 7 weeks notice for redundancy as I have been with company 7 Years, and wondered about what pay I would receive between 14th-30th Sept as my SMP will end up overlapping with my notice period. Is it the case that the company can choose to either pay me my notice at full pay or SMP, whichever is the cheapest? Does my SMP affect my notice pay? I only get statutory SMP, no contractual….
    Thanks,

  • Sarah says:

    Hi I am 19 weeks pregnant (due date is end of Nov) and my company has just informed me that I will be made redundant at beginning of Nov. I have 3 months notice period that starts in Aug which i will need to work. If I decide to take my maternity leave the earliest possible i.e. Sep, i would have already worked 1 month notice (Aug), would i be receiving both my contractual maternity pay (which is first 3 mths full pay) and my remaining notice pay (sep-nov)?
    The company is saying I can’t get both as the Notice pay is kinda same as contractual maternity pay i.e i am getting paid as if I am working and they coincidence.
    Thanks

  • venessa says:

    Hi I hav 25weeks pregnancy now ,doctor suggested me to rest and work at home ,but my company suggest me to take unpaid leave early before my due date, can I know do I still entitled to have maternity leave from the company ? Or they hav right not to pay for it?

  • Anonymous says:

    My employer is in the process of selling, I have been in this employment for one year. I am now pregnant and the baby is due in July, could you let me know what my SMP rights are and whom pays it my current employer or the new owners.

    Editor: If you have continuous employment and are still in your current job as of the end of the 26th week of your pregnancy and qualify on the earnings criteria, you should get SMP which should be paid by your employer. Your employment rights should be protected under TUPE if the business is sold – see http://www.nidirect.gov.uk/index/information-and-services/employment/employment-terms-and-conditions/business-transfers-and-takeovers/employment-protection-during-business-transfers-and-takeovers.htm

  • Anonymous says:

    I am only 5 weeks pregnant and my organisation has just gone through a benchmarking exercise which could mean a restructure or job losses nobody is sure yet but it is expected that a proposal will be put forward next week, should I tell my employer I'm pregnant? Would it help protect my job at all or should I wait until my 12 week scan as I originally planned. Thanks.

    Editor: It is probably best to wait for the 12-week scan as telling them will not give you any particular protection, except from being made redundant because you are pregnant [which they wouldn't do if they don't know you are pregnant].

  • Anonymous says:

    Hi. I have recently been made redundant (feb 2015). It was agreed that even though I had been redundant that the incoming organisation would take over my statutory maternity payments until July. Should I accrue annual leave during this time?

    Editor: You continue to accrue annual leave while on maternity leave until your last day of employment.

  • Anonymous says:

    Hi,
    I am 7 months into my maternity leave and have just been told I am going to be made redundant at end of April.I had planned to go back at beginning of April when the SMP stops. My contract says that If I was to go back within the notice period ,that I would still get my Back to work bonus. I had informally discussed when I planned to go back, with my boss, but as I only needed to give them a months notice I had not made it official. Do you think I am still entitled to my bonus ,even if I don't get to go back?

    Editor: Had you discussed your return date at all before you went on leave? 

  • Anonymous says:

    Hi I've been made redundant while I am on maternity leave as the company I work for is closing down I have been receiving statory maternity pay from the company. They have given me 12 weeks notice as from today which takes me up to the end of April will I receive statory maternity pay for those 12 weeks or should I receive full pay as its my notice? Also what happens to my maternity pay after my notice ends as I'm not due back to work till July? I have been told how much redundancy pay I will get and I've worked for the company for 20 years

    Editor: You are entitled to your contractual notice period or pay in lieu of notice and your SMP should be paid in a lump sum in your final salary – see http://www.nidirect.gov.uk/entitlements-during-statutory-maternity-leave.

  • Anonymous says:

    Hi. I was made redundant while pregnant in February 2014 because the place I was working closed down. I made my research and asked for my smp to be paid monthly then at the ennd of the smp period to get my redundancy pay. Which my employers agreed on.But when I called in after I was told by the new manager that they have changed their mind and I can come back to work since they reopened my work site. I'm not willing to go back. What rights have I got over the redundancy money?

    Editor: Our HR expert Sandra Beale says that if work becomes available then the redundancy does not have to go ahead. 

  • Anonymous says:

    Hi, I work in my company for 8 years. I'm on maternity leave right now. Month ago they announced that due to loss of part of businesses they will made 150 ppl redundant. My boss said that everyone are effected even small departments and everyone will get letters. I heard from about 15 different ppl that out of 6 ppl in my department im only one at risk, employer refuse to give me explanation other then saying that my role is redundant and they don't want to answer when I asked how many jobs are at risk in Finance. Thing is that my job is still there just I had to train others to do bits of it to cover my maternity leave. Can you please advice what to do? Thx

    Editor: If you have been singled out for redundancy due to maternity leave that woud be discrimination plus they would need to prove that your job is genuinely redundant. As part of the redundancy process there should be a consultation and you should be able to put these points to them and ask them why your role in particular has been chosen for redundancy.

  • Anonymous says:

    I am on Mat leave, am I entitled to 3 month notice pay if I do not return to work and agree a termination date of the 9th month of Mat leave? Ie when my SMP stops? There is no business or personal advantage to me returning.

    Editor: see http://www.maternityaction.org.uk/wp/advice-2/mums-dads-scenarios/pregnant/resigning-during-pregnancy-and-maternity-leave/

  • Anonymous says:

    I am on my maternity leave and was made redundant on dec 24th however my notice period started on Nov 3rd i have 12 weeks notice to get however as i have been receiving smp since that date i am only being given the difference between my pay n smp as they said i can't have both

    Editor: If your period of paid notice overlaps with your 39 week SMP period, your employer is entitled to offset SMP against statutory notice pay. However, SMP cannot be offset against a ‘payment in lieu of notice’ so you would be entitled to receive both.

  • Anonymous says:

    Hello on the 23rd of October 2014 the centre I worked at was advised by head office that we would be closed by March 2015. I was 36 weeks pregnant at the time! I began my maternity leave the following week! Since the announcement everything seemed to happen very quickly and everyone except a small exit team were made redundant on the 13th December and the exit team on the 9th January! I chose to have my smp payed monthly however having received my January pay slip I have found I'm on an emergency tax code and the head office said there is nothing they can do! Where do I stand legally?

    Editor: Were you paid a lump sum in January as part of your last payment? This is usual when there is a redundancy and you can reclaim any overpaid tax at the end of the tax year via HMRC – see http://www.hmrc.gov.uk/incometax/overpaid-thro-job.htm - or it will be refunded if you go back to work subsequently.

  • Anonymous says:

    Hi, I was planning on trying for a baby next month. I work part time for my mum and she's debating on closing the business in the next 6 months. Will she be liable to pay me maternity leave even after closing the company? It's a small business with 2 employees. I should hopefully have reached the qualifying weeks before closure

    Editor: If the business closes after the 26th week of your pregnancy and you meet the earnings criteria – you must have earned at least an average of £111 in the eight weeks leading up to the 26th week of your pregnancy – you will get SMP. In this case, the National Insurance fund can make statutory payments if a business is unable to. However, this is in very specific circumstances only and can be a complex area. To find out more about redundancies if a business is insolvent or closing, contact the Redundancy Payments Service Helpline (currently managed by Acas) on 0845 145 0004.

  • Anonymous says:

    Hallo.i will start my maternity 27.february and i have 9 days holidays, i wanted take it befor i go for maternity but agency didnt give me this holidays they sad its full and i cant use this holidays, so they will not pay me anyway. What can i do? How can i get my pay for holiday.

    Editor: If there are good business reasons not to give you the holiday when you have requested it your employer can refuse, but they cannot not give you any annual leave you have accrued. One option would be for them to add this on to the end of your maternity leave, but you negotiate this before you go on leave. If you do not return to work, they would have to pay you for any untaken leave accrued.

  • Anonymous says:

    Hello, I wonder if you can help….
    I'm due to go on Mat leave in May 2015, and we are currently awaiting a re-organisation announcement at work. The expected announcement is that my department will be segregated and set up as a new entity.
    Will I be able to be tupe across into the new entity while on mat leave? I'd like to be, because I love my commercial finance job and don't want to be left behind in some 'alternative' boring standard finance job.

    Editor: You should be consulted, etc, on any restructure and have the same rights to be tupe'd over as your colleagues.

  • Anonymous says:

    Hi I'm currently on maternity leave and planned on taking a year off. I've just finished my OML and started with AML. However today I have been in formatted at a meeting with HR that my role has been made redundant due to a huge reorganisation within the company. I'm aware that its not just my job that's being made redundant but others too. I reported previously to the director of the deot who I have been told has now resigned. As part of the restructure they have a new role of UK head and have asked me to consider applying as its s step up. They will also offer this opportunity to my colleague who worked at the sane grade as me. They tell me that if I were to be selected they would hire interim cover until I'm back from AML however I believe this gives my colleague an unfair advantage cause it would be in the interest of the company to offer him the role so they fill the vacancy quickly and have continuity. Also they want to have the interview within a week. I'm quite confused and not sure if this is a fair situation for me. Please advise

    Editor: See https://www.workingmums.co.uk/advice-and-support/all/7328578/called-for-interview-on-maternity-leave-ask-the-expert.thtml

  • Anonymous says:

    my wife has been given a letter on maternity saying her job is being made redundant however her consultancy period will not start unitl she has gone back to work. in the mean time her staff and been let go and her department has been centralized.

    there have been other redundancy in the company and all employees have been told they need to re interview for there jobs however my wife was not included in this process.

    she has hower been in a keep in touch day at work and has been told there is still no job for her when she get back.

    were does she stand with unfair dismissal for the above ?

    Editor: You can be made redundant while on maternity leave, but you have special protections, for instance, over any alternative positions on the similar terms and conditions that might be available – see https://www.workingmums.co.uk/advice-and-support/q-and-a/7465962/told-job-no-longer-exists-on-maternity-leave-ask-the-expert.thtml

  • Anonymous says:

    Hi could you advise me please. I am 21 weeks pregnant and I have been called into a meeting to tell me Iwill be redundant
    when my maternity leave starts in March (baby due early April).The reason given is that my immediate boss is leaving and a new job is being created merging my job with the new job -which is being advertised. I am told that I can apply for the new position but that it requires more skills than I currently have. I expressed surprise at the coincidence that this was happening just as I would be going on Maternity leave and was curtly told it 'was a matter of opinion" Do you think I have a case for unfair dismissal?

    Editor: Can you write via our Advice & Support/Q & A page box giving full details and one of our employment lawyers will get back to you with information? Is there any particular business need for this new role? Is anyone else affected by this change or is it just your role?

  • Anonymous says:

    Hi, Wondering if you can help me, I have been employed with my company for 4 and a half years, i am currently 27 weeks pregnant and i am wondering if i will be entitled to SMP as i have been advised i will be getting made redundant as of 31st November this year.

    Editor: If you meet the earnings criteria – ie you have earned at least an average of £111 in the eight weeks leading up to the end of your 26th week of pregnancy you will get SMP whatever happens afterwards as you have passed the 26-week qualifying period.

  • Anonymous says:

    I went on maternity leave in January 2014. I received maternity pay from my company based on the government guidelines, being 6 weeks at 90% followed by 33 weeks at SMP. All maternity pay has now paid, and for the last part of my maternity I will be earning nothing. I have found out today I am to be made redundant at the end of October 2014. In my contract of employment if either I or the company wish to leave, there is a 1 month notice period for each party. Can you please confirm, is my company still responsible for paying me this 1 month notice even though I have not earned a "wage" for the last 9 months. Thanks

    Editor: Yes, they would still be obliged to treat you as a regular employee.

  • Anonymous says:

    I have been on maternity leave since April but a new company came in and took over my original company in July. All employees were transferred across with Tupe (I have worked there 3 years). Now the new company have decided to close the business at the end of November where do I stand money wise and job wise? Thanks.

    Editor: Our HR expert Tara Daynes says: Without knowing your age & salary (& also if the employer has enhanced redundancy provisions) it's impossible to say what your financial package would be, but jobwise you should get priority for alternative roles. Employees have the right to be offered any suitable alternative job if they’re selected for redundancy (even if other colleagues are more suitable for the role) while on maternity, adoption or paternity leave.

     
  • Anonymous says:

    I'm on maternity leave and I'm due to have my baby in 3 weeks and I'm on the redundancy list at work. I'm having extra scans as my baby is small but my employer is still insisting for me to have consultation meetings.I have explained this is due to stress and want to wait till the baby is born. Can they do this?

    Editor: Our HR expert Tara Daynes says: It's a good idea to get a doctor's note to prove you can't attend. I don't think they can hold a consultation meeting in your absence as it wouldn't be much of a consultation then. They should make every effort to wait a few weeks, especially as expectant mums are very difficult to dismiss for redundancies. They can't compel you to attend if you aren't fit to do so.

  • Anonymous says:

    I've just been informed that I've been made redundant out of the blue whilst on maternity leave. My job role is no longer valid and the cover employee has been given another role. Ive been told I wasn't suitable for the role they've made for her. Is this legal?

    Editor: You should have been consulted about this whole process. You have certain rights when you are on maternity and would have priority for any alternative job. You need to find out more about this role, whether your job is truly redundant or just retitled, etc, and if you have not had any consultation process you should demand this.

     

  • Anonymous says:

    My friend is on maternity leave and the company that she worked for is making people redundant although she was not affected but the shift she was doing has been cancelled and the new one given to her is not suitable for her,she planned on going for voluntarily redundancy will she still be entitled to her maternity pay.

    Editor: She should be consulted on any change to her terms and conditions. If she is on SMP, she will still get this no matter what happens.

  • Anonymous says:

    I am on maternity leave and the company I work for hired a man to do my job whilst I am off. In that time the person senior to me has left and now he is using a more senior job title. I have always made it very clear that I am happy to communicate with work during my mat leave and have kept in touch and even been into the office a few times to work, so I feel very uncomfortable that my mat cover has essentially been promoted without any consultation with me. In an announcement it was described as an interim measure, however he does not use this description in job title and I am now feeling anxious about returning. Any advice? Am I over reacting?

    Editor: Our HR expert Sandra Beale says things can change at work for business reasons while you are on maternity leave and they do not have to consult you. If you do find problems when you return please do get back to us.

  • Anonymous says:

    I'm currently on maternity leave and the company I work for has been sold and changed the name, the current owner says that because he changed the company name I'm not entitled to my job back is this true?

    Editor: Our HR expert Tara Daynes says: This is not true at all – if the company was sold then she should be covered by TUPE (Transfer of Undertakings – Protection of Employment) regulations and this ensures all employees' rights are retained. I suggest she talks to ACAS or Citizen's Advice for proper advice on this one. You should have a strong case if they did not give you your job back.

  • Anonymous says:

    I have been on maternity leave since April 2014 & since leaving, the NHS hospital pharmacy I work for is being outsourced to an external company.I have been advised that I need to apply & interview for other positions within the pharmacy, otherwise I would have a job with the new external company under TUPE. My understanding of employment law & maternity rights is that I should be offered a new position within pharmacy without applying or being interviewed & that I cannot be transferred to new company as there are vacancies available & the new company would have different terms and conditions.My maternity leave is also being interfered with as I have a 3 month baby to look after & need to make arrangements to look after him whilst attending a job interview. Any advice would be appreciated.

    Editor: The following answer should help you - https://www.workingmums.co.uk/advice-and-support/all/7328578/called-for-interview-on-maternity-leave-ask-the-expert.thtml

  • Anonymous says:

    My wife was made redundant whilst on maternity leave. Is she still entitled to her SMP, and can she also claim back he payment in lieu of notice as the company shut very suddenly. She has already been paid her statutory redundancy pay (1 week for the 6 years she worked there). We seem to be getting a lot of conflicting answers.

    Editor: If she was working there before she got pregnant until at least the 26th week of her pregnancy and earned at least an average of £111 a week in the eight weeks leading up to her 26th week of pregnancy, she should get SMP whatever happens afterwards. See https://www.workingmums.co.uk/advice-and-support/q-and-a/all/5076314/company-in-liquidation-during-maternity-leave-ask-the-expert.thtml

  • Anonymous says:

    Hello, I am 11 weeks pregnant and I just been told that the company will be closing down soon. Our company offers good maternity payment however only 11 weeks before the due date. What should I do? I haven't told my company yet.

    Editor: For SMP you would need to be still in your job as of the 26th week of pregnancy. For an enhanced maternity package you would need to check the small print of your organisation's maternity policy. If you don't get SMP, you could qualify for Maternity Allowance if you have worked for 26 weeks in the 66 weeks leading up to your baby's due date and have earned at least £30 a week for 13 weeks in that period. You can claim this from your local JobCentre Plus.

  • Anonymous says:

    My company is making me redundant they have a date in mind 31st August 2014.
    I am currently on maternity leave and due to go back to work on 1st October 2014. I will have been working for the company for 12 years this year. What would I be entitled to?

    Editor: You can check your entitlement to statutory redundancy pay here.

  • Anonymous says:

    My company is closing and making major redundancies to 90% of staff. Our last day is 26th October. I am currently 5.5 weeks pregnant. Will I be entitled to any maternity leave?

    Editor: You would only be entitled to SMP if you are still at your job in the 26th week of your pregnancy. Otherwise you may qualify for Maternity Allowance which is based on you working for at least 26 weeks during the 66 weeks before your baby's due date and earning at least £30 a week in any 13-week period during the 66 weeks.

  • Anonymous says:

    I have been told im going to be made redundant, I will have 3 months left on maternity after this will I still get smp up to 39 weeks or will my pay just stop,thanks

    Editor: Your SMP should continue and you should get all 39 weeks.

  • Anonymous says:

    I have been given a 3 month notice period of redundancy whilst I am on paid maternity leave. I am 2.5 months into my maternity leave and have been receiving maternity pay. What I am unclear about is whether I am entitled to notice pay in addition to my maternity pay? Is it the total amount or a portion of it, less SMP? Is it compulsory or subject to employer discretion?

    Editor: You should receive your normal notice period or pay in lieu of notice and redundancy pay, if you are entitled to receive them.

     

  • Anonymous says:

    If I'm made redundant whilst pregnant and the company has agreed to pay me SMP, how is this paid – lump sum in my last pay cheque? weekly/monthly during my pregnancy/maternity leave?

    what are my rights? Can I ask for it in a one off payment?

    Editor: see https://www.workingmums.co.uk/advice-and-support/all/page_4/761196/redundancy-money-on-maternity-leave-ask-the-expert.thtml

  • Anonymous says:

    I was told on the first day of my maternity leave (19th May) I was being made redundant (2 weeks before due date). I know I will still get the smp and any company maternity pay until my contract is officially terminated (expected to be beginning of Aug). I am entitled to my notice in lieu. Will this be at my normal wage at If I wasn't on maternity leave? So I will get smp for the remainder of 39 weeks,notice pay and redundancy pay?

    Editor: Yes, you should still be entitled to the same notice pay and redundancy pay as if you were not on leave.

  • Anonymous says:

    Hi,
    I`m 36 weeks pregnant (due date is 29 May, 2014). I`ve planned to go to holiday (I still have 20 days) and than to start my Maternity Leave from the 9th of June, 2014. I`m entitled to SMP, I`ve already agreed with the company.

    Unfortunately the company may go insolvent during my last days at work. Can I claim my SMP from HMRC straight after that company went insolvent? Do I get the same amount of SMP from the HMRC that I agreed with the company on?

    One other question: I got salary raise in January 2014 and I got a new contract with the increased salary. Does it effect my entitlement to SMP in any way? It`s the same employer but a new contract with the increased salary.

    Thank you for your help.

    Editor: For information on insolvency and SMP, click here. If your employer awards a pay rise which is effective at any time from the start of the set period used to work out your SMP [the eight weeks before your 26th week of pregnancy] and the end of your maternity leave, your employer must work out your SMP again and pay you any balance due to you.

  • Anonymous says:

    My friend is on Maternity leave and has been advised she is being made redundant, however this is due to her skills as they have advertised her post and started interviewing. Is this allowed. what rights is she entitled to?

    Editor: Can you supply more details? Your friend can be made redundant while on maternity leave, but only if her job is genuinely redundant [which advertising it suggests is not the case] and she has certain additional rights – see https://www.workingmums.co.uk/advice-and-support/career-toolkit/7113398/your-rights-on-return-to-work-after-maternity-leave.thtml

  • Anonymous says:

    Just going to start my maternity leave and my boss has got into dept and is just going to empty off her beauty shop and just tell the staff she's closed,how will this affect my maternity leave.

    Editor: If you have qualified for SMP you should still get it. Liability for Statutory Maternity Pay will normally pass to the Secretary of State in cases where the employer is insolvent. For more information, call the Redundancy Payment Services helpline on 0845 145 0004.

  • Anonymous says:

    I am currently on my maternity leave and have recently been informed, not by my employer, that the business is being put up for sale. Were does this leave me in regards to receiving my maternity pay?

    Editor: If you are talking about SMP, liability will be passed to the Secretary of State if your company is insolvent and if it is sold liability should pass to the new employer under TUPE.

  • Anonymous says:

    I am coming to the end of my Maternity (ends on 26th November), but have just been informed I am being made redundant as our branch is closing down. I have been there 2 years. I am due to go onto additional maternity leave at the end of November. What redundancy pay should I expect, 2 weeks of maternity pay or 2 weeks of my normal salary?? Any advice would be appreciated as I have no clue as to what I should expect.

    Editor: You will be entitled to statutory redundancy pay as well as any additional redundancy pay your employer may or may not offer. Check your contract. If you are aged 22-40, this would be one week's gross pay for every complete year of employment with the same employer. The maximum weekly wage is £450 a week. If you are on maternity leave it will be based on your average weekly pay before you started your maternity leave. 

  • Anonymous says:

    I was made redundant whilst on maternity leave. The company is now insolvent. I am still receiving statutory maternity pay. I received payment in lieu of notice, but the insolvency practitioner took £700 off that payment, saying I could have claimed job seekers allowance but chose not to. I explained to them that I wasn't seeking a job as my baby was only 6 weeks old. I was told I need a letter from the job centre to say I wasn't entitled to job seekers allowance and then they would reimburse me the money. However, the job centre say they can't do this. Any advice please would be greatly appreciated.

    Editor: Try http://www.turn2us.org.uk. They can advise on all issues related to benefits.

  • Anonymous says:

    I am in the early stages of pregnancy and think I am due when my employer will be retiring and closing the small business, if no-one buys it. What are my entitlements regarding SMP/MA in this circumstance?

    Editor: If you are still employed by the 26th week of your pregnancy and earning over £109 a week plus were employed from the week before you became pregnant you will qualify for SMP. Otherwise you will get MA.

  • says:

    I am currently on maternity leave until July 2012, but I think I am pregnant again. I  have worked out that my due date will be September. Where do I stand on going back then going on maternity leave again? I have been with the company for 4 years now. Editor – You are entitled to return to your job and then go on maternity leave a second time. Your contract may have specifications on additional maternity leave and successive pregnancies so check that. On maternity pay, see the following answer – https://www.workingmums.co.uk/advice-and-support/q-and-a/524481/pregnant-while-on-maternity-leave-ask-the-expert.thtml


Post a comment

Your email address will not be published. Required fields are marked *