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Redundancy and Occpational Materniy Pay
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chick77
Posts: 9 Forumite
Hi, hope someone out there can help.
My employer has informed me that i am to be made redundant and there are no other roles to be offered. I am 32 weeks pregnant and have worked for my employer for over 2 years, therefore I have worked the qualifying period for my maternity pay, i.e. 26 weeks continuous service at 15 weeks before expected week of childbirth.
During the consultation period with my employer they seemed to be under the impression that i was only entitled to SMP at £124.88 per week for the full 39 weeks. However, i set them straight and informed them that weeks 1-6 at 90% of my weekly salary was also classed as SMP and should be paid also - finally they agreed to this.
Is my employer obliged to pay me the OMP rate for weeks 7-18 which works out at 50% of my weekly salary even though i will be made technically redundant prior to week 7, baring in mind that i have still worked and reached the qualifying period i mentioned above. I have mentioned this to my employer to which they replied that as i will be unable to return to work for a minimum of 3 months which is a requirement for qualifying for the 50% OMP they dont have to pay it. In return i have mentioned that i would have been returning to work if not being made redundant - however this is not my fault as i have no choice in the matter.
I have checked my contract regarding OMP and it states that If i do not return for a minimum of 3 months i will need to pay the OMP rate back. It does not specify if this has to be my choice / decision or what happens if i am being forced into a redundancy situation, therefore my choice being taken away.
Any help on this matter would be appreciated as i am at a loss. My HR department seems totally incompetent. First they say im only entitled to SMP, then agree the SMP higher rate after I push the subject. Then they state in a meeting that they will pay OMP then in a letter a week later say they made a mistake and are withdrawing the offer of OMP.
How can i trust anything they say!
My employer has informed me that i am to be made redundant and there are no other roles to be offered. I am 32 weeks pregnant and have worked for my employer for over 2 years, therefore I have worked the qualifying period for my maternity pay, i.e. 26 weeks continuous service at 15 weeks before expected week of childbirth.
During the consultation period with my employer they seemed to be under the impression that i was only entitled to SMP at £124.88 per week for the full 39 weeks. However, i set them straight and informed them that weeks 1-6 at 90% of my weekly salary was also classed as SMP and should be paid also - finally they agreed to this.
Is my employer obliged to pay me the OMP rate for weeks 7-18 which works out at 50% of my weekly salary even though i will be made technically redundant prior to week 7, baring in mind that i have still worked and reached the qualifying period i mentioned above. I have mentioned this to my employer to which they replied that as i will be unable to return to work for a minimum of 3 months which is a requirement for qualifying for the 50% OMP they dont have to pay it. In return i have mentioned that i would have been returning to work if not being made redundant - however this is not my fault as i have no choice in the matter.
I have checked my contract regarding OMP and it states that If i do not return for a minimum of 3 months i will need to pay the OMP rate back. It does not specify if this has to be my choice / decision or what happens if i am being forced into a redundancy situation, therefore my choice being taken away.
Any help on this matter would be appreciated as i am at a loss. My HR department seems totally incompetent. First they say im only entitled to SMP, then agree the SMP higher rate after I push the subject. Then they state in a meeting that they will pay OMP then in a letter a week later say they made a mistake and are withdrawing the offer of OMP.
How can i trust anything they say!
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