Redundant on maternity leave and rights to statutory notice: ask the expert

I have just been made redundant and have a questions about my pay. I was on maternity leave from 01.04.2012 until 07.02.2013. I added my accrued paid leave onto the end of my maternity leave, meaning I was off in total 12 months until 31.03.2013.   I was then advised that legally if you are on maternity leave your employer has to pay you statutory notice at full pay. My employer has said ok you are currently on paid annual leave for seven weeks and therefore all we need to do it make up the short fall of two weeks full pay and this will equal the nine weeks of full pay. This period was calculated by counting nine weeks back from 31.03.2013 until 24 Jan 2013. I assumed the notice period being referred to was the time I’m on maternity leave and serving my redundancy notice, and during this time I have to receive full pay and that my paid annual leave is separate.

In general, an employee made redundant should receive what they normally would be paid if not under notice. This would mean that, as you were on maternity leave, you should have received any contractual or statutory maternity pay only.

However, special rules apply if the notice your employer is required to give under your contract of employment is not at least one week more than the minimum statutory notice entitlement. In such a case, you will be entitled to full pay during the notice period. (Statutory notice is one week for each year of service, up to a maximum of 12 weeks notice after 12 years service. For example, if you were employed for 9 years, you are entitled to a minimum of 9 weeks notice.)  But, if your contract provides that you are to receive notice of at least one week more than thestatutory minimum requirement, you are not entitled to full pay during your maternity pay period..

If you have any further queries, please contact Tracey Guest on 0161 9753823. NB It may be worth checking that your employer acted properly when making you redundant and checking whether or not you may have a claim for unfair dismissal.

Comments [1]

  • christine says:

    I am on maternity leave and I am being made redundant. I have worked for 11 years and therefore I am given 11 weeks notice. During the notice period, should I be paid my full wage or SMP. my maternity leave ends 3 days prior to the official close of busine?

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