redundancy risk when pregnant

Cazxlou

Wonder if anyone can help.

I work for a large organisation who are making redundancies. we were told in august we had to re-apply for roles in a new structure and that placed us at risk of redundancy. Forms were completed in August and on thursday i was advised no role in the structure for me along with 16 colleagues. We have been told we have a consultation period until 4th Nov when we will have to make a decision for voluntary redundancy or look for alternate roles in the business.
Im currently 23 week pregnant - my manager has said i wont recieve any mat pay despite my terms of notice/ employment take me to february (month im due) because they placed us at risk before 15 week cut off of due date - we have yet to have a consultation period so think this is his view.

am i right in thinking as im still officially employed in the 15th week before birth they have to pay my Mat pay as one lump sum at the time my contract finishes which is Feb?

i can see this company being funny, im a member of the union also.

Any help/advice would be welcomed

mariefab

Perhaps your manager is thinking about Company/contractual maternity pay rather than SMP.
Whether you're 'at risk' of redundancy or working your notice you are still employed.

You should qualify for SMP as long as you're still employed during the qualifying week.
See page 31 in the link below.

http://www.hmrc.gov.uk/helpsheets/e15.pdf

an9i77

Yep you should still get smp at least, paid as a lump sum

davross

I would seek legal advice on the matter as you may be surprised at the extra protection pregnant women and those on maternity leave are entitled to by law. If you have a union they may be able to arrange free legal advice for you.

In a way its a shame you are not already on maternity leave as under regulation 10 of the Maternity and Parental Leave Regulation 1999 your employer would have had to offer you any "suitable" position in priority to other staff members. Perhaps it would be possible to use this for your advantage and give notice that you wish to start maternity leave at the earliest possible date (I think its 11 weeks before your due date). That way if the you are still employed when you start maternity leave you may be able to use regulation 10 to ensure you have a job to return to.

Please note: I have no legal experience so please double check everything I have said if you plan to act on it. I had to help a family member through a very similar situation and can not emphasise enough the importance of good legal advice from an expert in this area of the law.

firesidemaid

i may reading into things here, but if you manager is saying NO contactural/company maternity pay isn't he/she jumping the gun as you may still be eligible for another role in the business?

What i mean is, are they not assuming that you already going by saying this? Even though no decisions are supposed to have been made yet.

Or am i just reading too much into that?