Voluntary Redundancy whilst on Maternity Leave

Kim_Cruikshanks

Hi can anyone give me the correct answer.

I have been on maternity leave since July 2009 and I am due back to work in April 2010. My company are offering Voluntary Redunancies and I am going to apply for it. Is what I need to know is do my company still have to pay me my SMP up until April 2010?? I have searched the web and I can't find the answer anywhere. My company seem to think they don't pay it and i should get it from somewhere else, but I have been told that they do but need to be 100% sure before i go back to them. Can any one point me in the right direction of how i would find out for deffinate??
Many Thanks xxx

TEDDYRUKSPIN

This is a sticky answer: Try and get the number on directgov for labour laws / pay etc.

From what is gathered, SMP is paid for people in work. If you take redundancy, it means you have no job and hence no SMP.

Tweetinat

Your company definitely have to pay your SMP as long as you were made redundant after the 'qualifying week' which if memory serves me is 25weeks pregnant. As you're *already* on SMP, then they are legally obliged to continue paying it. They may choose to pay the remainder as a lump sum rather than weekly/monthly, but that is the only choice they get to make. I was made redundant at 32w pregnant so know this is correct as saw a solicitor etc - will try to dig out the relevant links to reassure you.

Tweetinat

Googling SMP and Redundancy brings up quite a few results, here are just a couple:

Although this is a doc for a Union, the info is correct: http://www.usdaw.org.uk/equality/resource_library/files/RLFMRlft6/MatRightsLft60406.pdf

A line in here also makes clear that you get SMP as long as you're past the qualifying week: http://www.dwp.gov.uk/publications/specialist-guides/technical-guidance/ni17a-a-guide-to-maternity/statutory-maternity-pay-smp/eligibility/

If your employer continues to assert that you're not due your SMP, then you can raise a dispute with HRMC - details of how to do this are here:

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Illorinjured/DG_178466

Tweetinat

Oh, and this was only written in July this year by the Maternity Action Group:

http://www.maternityaction.org.uk/sitebuildercontent/sitebuilderfiles/redundancyjuly09.pdf

They key statement at the bottom of page one: Once you qualify for SMP you are entitled to receive it for the full 39 weeks even if your redundancy takes effect during the SMP period

Kim_Cruikshanks

Thank u very much for the advice, i will deffinately have a look at the links.

Much Appreciated xx

Pete111

yes - it is owed.

We had a fixed term contractor who left us just before she would have gone on Mat leave. As she was employed by us within the qualifying week SMP was owed anyway.

The company will get this back from the Govt so make sure they pay it to you!