Maternity rights with redundancy looming!

chick77

Hello, hope someone out there can help as I'm starting to stress.

Basically just before Christmas (21/12/2010 to be exact) I was informed that I will be made redundant sometime in the newyear - no dates have been decided as this is being thrashed out as I type.

The problem being I am now just over 27 weeks pregnant and not sure if I am still legally entitled to any maternity pay. I am due to start my Maternity leave on the 8th February 2011, a letter of which stating this request has been sent to my HR department but I am still awaiting a reply or acknowledgment from them.

Does my employer legally have to pay me anything now that I am so far along in my pregnancy or is this irrelevant? If still in employment with my employer my maternity pay should have been 6 weeks at 90% pay, 12 weeks at 50% plus SMP per week. Then after this point i would have received the statutory SMP.

Thank you in advance for any advice any one can give me.

A very worried avid forum reader.

emuratty

Hi, what awful news to receive just before Christmas. I was made redundant around this time last year shortly after returning from maternity leave.

You need to make sure that you have been fairly selected for redundancy, of course if everyone is being made redundant than this is irrelevant, but if it is just you, or only a few people then have they selected you because you are pregnant?

I have a feeling that they will just have to pay you your redundancy pay - check your contract of employment carefully about any additional notice payments they may pay you. You can of course claim maternity allowance from the government (ring your local job centre) which I think will be the same as SMP.

Ring ACAS for advice on 08457 47 47 47.

Good luck x

chick77

Hi,

Thanks for your reply. There's loads of us being made redundant as we were employed on a temporary basis anyway, so it doesnt have anything to do with me being selected because I'm pregnant.

The original contract we were employed on was initially for 12 months but the contract got extended on almost a month by month basis but we always knew that it would come to an end eventually, so theres no surprise there. However I have been there now just over 2 years but understand that im also not entitled to any redundancy pay what so ever due to the fact that I knew it was a very temp contract and its just luck we have been kept on longer (or at least thats how its being explained to us).

I know I will be entitled to MA once unemployed but I guess what I'm trying to establish is, is my employer legally obliged to pay me any additional SMP due to how far along I am in my pregnancy.

Its a nightmare as I don't really trust them considering I found out the contract was canceled, therefore being made redundant via braking announcement on Sky News.

Typically really.

Trying to stay positive though.

clairec79

It's not additional SMP though it's Occupational Maternity Pay, I believe they have to pay you the SMP but not OMP

chick77

Thanks Clairec79

In my contract my employer never refers once to the maternity pay (i.e 6 weeks at 90% pay and then 12 weeks at 50% pay plus SMP per week) as OMP which is why im finding it hard to explain. I guess I knew in my heart of hearts that I wouldnt be entitled to the OMP once redundancy sets in which is still a bit of a blow considering now that SMP (or MA at the lower rate which is exactly the same rate any how) wont even cover my monthly bills never mind anything else. But I guess I'm just gonna have to grin and bare it cos theres nothing I can do about it now and no employer is gonna look seriously at me being 27weeks plus pregnant.

Timings fantastic though, gotta laugh.

getmore4less

2 years continuous employment entitles you to redundancy.

leni

echoing what get more4less says - I was also taken on a 6 month contract, 8 years ago and most of my colleagues are on fixed term contracts. Basically regardless of the length of the contract, if they've employed you continuiosly for more than 2 years, then your entitled to redundency pay - most probably the statutory rate of £350 per week of annual service.

I'm currently 20 weeks pregnant and at risk of my contract ending in July 2011, a member of staff I manage is currently 12 weeks into her maternity and her contract ends of 31st March 2011 - she will have been employed 23 months so looses out on redundency BUT our employers have to pay her the whole 39 weeks of SMP - probably the remainder as a lump sum in her March pay packet. I'm ringing ACAS tomorrow to confirm this for her.

I have been given the impression that if they make you redundent after your qualifying week of pregnany i.e 25 weeks, then they have to pay you all your maternity benefits, SMP AND occupational?

I have a part-time business also so MA is no good for me as I will then have to close my business and have orders throughout 2011 and into 2012 and MA doesn't entitle you to earn from another source whereas if I already have my business (as I do) butfore I got pregnant, then with SMP I can keep the business running

massive hugs and hope you get some answers soon x