At Risk of Redundancy & pregnant

MonkeyFiona

I know there's a few threads on here relating to redundancy when pregnant/on maternity leave and they've so far been very helpful to me. My situation doesn't exactly fit so I was hoping to canvas opinion on a few specifics.

Yesterday I was officially placed "At risk" of redundancy in a one-to-one consultation meeting. This isn't a huge surprise although still a little traumatic when it actually happens.


Here are the facts:

• I am 12 weeks pregnant.
• The selection process will be by scoring against required skills. Those within the team with the highest scores retain the available positions.
• The results of the selection process will be announced w/c 19/7/2010.
• I have continuous employment with my current employer for 12 years.
• My employment anniversary date is September.
• As I understand the situation if I am made redundant I am entitled to a 12 week statutory notice period.
• My qualifying week for Statutory Maternity pay in w/c 4/10/2010.
• My “Relevant Date” (i.e. the date my employment would have terminated if provided with full notice period) would be after my qualifying week.
• For previous redundancies there has been an ex-gratia payment instead of a full notice period or pay in lieu of notice. This avoids tax & NI.
• The HR rep explained that I would qualify for Maternity Allowance but this is a lesser amount the SMP as I would not receive the 6 weeks @ 90% pay.

Do I still qualify for SMP?
Is this subject to Tax & NI?
If I do qualify for SMP is this payable by my current employer?
Would I also be entitled to the usual company maternity package (this includes an enhancement over SMP for an extra 20 weeks)?
Can I get another job (most likely not permanent but hopefully some temp work)? Or if I begin work for another employer will this affect my qualification for SMP with my current employer?
As my relevant date would take me past my anniversary does this mean my redundancy will be calculated @ 13 years?

Sorry a bit of a long post but it’s not a straight forward situation and I just want to be sure of my rights.

I have tried to ring ACAS but unfortunately I was cut off after long wait on hold and then lines were closed. I will definitely be ringing them, also know that our HR dept generally contact ACAS themselves when they don’t have the knowledge of a particular situation. At least both parties should possess the same information then.

Many thanks to those of you who read all of this and also for any advice that is offered.

[Deleted User]

MonkeyFiona wrote: »

I know there's a few threads on here relating to redundancy when pregnant/on maternity leave and they've so far been very helpful to me. My situation doesn't exactly fit so I was hoping to canvas opinion on a few specifics.

Yesterday I was officially placed "At risk" of redundancy in a one-to-one consultation meeting. This isn't a huge surprise although still a little traumatic when it actually happens.


Here are the facts:

• I am 12 weeks pregnant.
• The selection process will be by scoring against required skills. Those within the team with the highest scores retain the available positions.
• The results of the selection process will be announced w/c 19/7/2010.
• I have continuous employment with my current employer for 12 years.
• My employment anniversary date is September.
• As I understand the situation if I am made redundant I am entitled to a 12 week statutory notice period.
• My qualifying week for Statutory Maternity pay in w/c 4/10/2010.
• My “Relevant Date” (i.e. the date my employment would have terminated if provided with full notice period) would be after my qualifying week.
• For previous redundancies there has been an ex-gratia payment instead of a full notice period or pay in lieu of notice. This avoids tax & NI.
• The HR rep explained that I would qualify for Maternity Allowance but this is a lesser amount the SMP as I would not receive the 6 weeks @ 90% pay.

Do I still qualify for SMP?
Is this subject to Tax & NI?
If I do qualify for SMP is this payable by my current employer?
Would I also be entitled to the usual company maternity package (this includes an enhancement over SMP for an extra 20 weeks)?
Can I get another job (most likely not permanent but hopefully some temp work)? Or if I begin work for another employer will this affect my qualification for SMP with my current employer?
As my relevant date would take me past my anniversary does this mean my redundancy will be calculated @ 13 years?

Sorry a bit of a long post but it’s not a straight forward situation and I just want to be sure of my rights.

I have tried to ring ACAS but unfortunately I was cut off after long wait on hold and then lines were closed. I will definitely be ringing them, also know that our HR dept generally contact ACAS themselves when they don’t have the knowledge of a particular situation. At least both parties should possess the same information then.

Many thanks to those of you who read all of this and also for any advice that is offered.

Congats on the pregnancy. Im new so I can`t post links.Copy and paste.

My G/F had the very same problem as you.

hmrc.gov.uk/calcs/smp.htm

E15 pay and time off for parents PDF booklet on the page.

This is the employers SMP bible. It tells you everything. There is also a SMP calculate on the page.

[Deleted User]

Another link for you.

direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Expectingorbringingupchildren/DG_175884

A quote from the website.

"
The continuous employment rule

To satisfy the continuous employment rule you must:

• have been employed by your employer for a continuous period of at least 26 weeks into the qualifying week

The qualifying week is:

• the 15th week before the week in which the baby is due

This period must include:

• at least one day's employment in the qualifying week"

Do you earn more than £97 a week??

Do I still qualify for SMP? Check the links

Is this subject to Tax & NI? YES

If I do qualify for SMP is this payable by my current employer? YES

Would I also be entitled to the usual company maternity package (this includes an enhancement over SMP for an extra 20 weeks)? Don`t know

Can I get another job (most likely not permanent but hopefully some temp work)?Yes or JSA( if actively working for work, don`t let the Jobcentre tell you other wise)

Or if I begin work for another employer will this affect my qualification for SMP with my current employer? No

[Deleted User]

Would I also be entitled to the usual company maternity package (this includes an enhancement over SMP for an extra 20 weeks)?

Another link:

dwp.gov.uk/publications/specialist-guides/technical-guidance/ni17a-a-guide-to-maternity/statutory-maternity-pay-smp/working-in-your-maternity-pay/#occup

Quote:

Occupational Maternity Pay

Your employer cannot pay you less than your SMP entitlement. They may pay you more if you are entitled to a higher rate of maternity pay under your employment contract.


If your employer does have an occupational maternity pay scheme, you will have to keep to its rules if you want to get all the pay you are entitled to. Your employer can usually pay you SMP as part of your occupational maternity pay, or vice versa. But if the occupational scheme is funded entirely by the employees your employer cannot treat your maternity pay as part of SMP.