Redundancy & SMP 28 October 2016 at 2:32PM in Redundancy & redundancy planning 2 replies 2.1K views

emmawoolyback

I am currently 26 weeks pregnant (baby is due on 13 February 2017) and I have just been told that the company that I work for will be ceasing to trade and that I am being made redundant on 3 February 2017. Assuming that I don't give birth early, I am planning to work up till 3 February 2017.

I have worked there for 13 full years and know that I will be entitled to redundancy pay.

As far as SMP is concerned, from what I read, I know that I am eligible for it but who pays it if the company I work for will cease to trade?

My employer is telling me that their accountants have told them that I will need to claim it from the government yet I called ACAS and they said that if the company will not be insolvent (which it won't), that it is my Employers responsibility to pay it to me.

Any help would be most appreciated.

sangie595

If they simply cease trading then the employer must pay it. If insolvent, HMRC pay it. So ACAS are correct. For once ( because that's unusual)!

Your employer needs to tell the accountants to look at the rules again!

KirstyG82

Hi I have just seen this, I too am in a similar position but my company has promised to pay the SMP. Yes they have to if they are not insolvent. What they are talking about is Maternity Allowance but as you are past the 15 week before due date rule they must give you the full 39 weeks.

Check out the gov.uk website on it. It's a bit technical but is fairly clear.

They also must pay you statutory notice which is one week (normal pay not capped) for each year you have worked (it may be capped at 12?) this supercedes anything in your contract if your contract notice is shorter (say 1 month). Basically, unusually, if the statutory notice is higher than your contract notice you are entitled to that BUT if your your contract notice is more than your statutory notice weeks then you get the contract notice.

Good luck but they need to give you that SMP. Just check that you consider the payment schedules as I think you may run the risk of getting hit hard with the tax on the SMP and would have to look at claiming back - not sure about that bit though.