Redundancy and Notice help please - makes a difference to SMP entitlement

Morgan34

Hi
Wondering if someone can give guidance please before going into a third consultation meeting.  After asking more than once for the information I have today been told the following -
1.  Date of 3rd consultation meeting will be 10th August
2.  Notice Period of 8 weeks (commenced employment on 23rd September 2011) will commence 17th August
3.   Contract will terminate 31st August 
4.    As entitled to 8 weeks notice remainder of money will be paid end of September 
5.    As last date of employment will be 31st August I will not reach my qualifying week which is 11th to 17th October - due date 26th January 2021
My contract of employment does not mention PILON and so can this be enforced?
Do I have to agree to the above dates?
Can I request that my contract terminates at the end of my notice period?   if that remains 8 weeks then my employment would terminate on 12th October and so I would be entitled to SMP?
If my contract terminates at the end of my notice period I reach 9 years on 23rd September so should I have 9 weeks notice and 9 years redundancy?
They have suggested that they would provide me with Form SMP1 to claim Maternity Allowance instead.
I have tried to contact ACAS about this but struggling to get through and guidance on this is very much appreciated.
If they are able to impose the dates above it seems so unfair and, as you can see, the dates are extremely important as make a difference to how much I receive.
Thank you in advance

getmore4less

8 weeks from the Mon 17 Aug is to Sun 11 Oct.
Can't answer the Statutory notice and SMP query.
try 
https://maternityaction.org.uk/advice/redundancy-during-pregnancy-and-maternity-leave/

You can request a different termination date but they don't have to agree.
Not sure about the can't do PILON without a clause.
You will be entitled to 9 years service for the calculation of  redundancy payments 

Is  there any reason to think the timing is not a coincidence?
are others on the same consultation/termination schedule?
Why partial PILON?

Morgan34

Many thanks for your reply
There are others at the same time across the Country, I am on furlough (on 100% pay) at the moment aswell.
I don't understand why they wouldn't allow my contract date to continue when they can reclaim 100% of SMP? 
It's interesting that you have stated 9 years service for the calculation of redundancy payment  - they have said 8 as they propose to terminate my contract on 31st August with, as you say, partial PILON and final payment being made end of September
In my contract there is no mention that PILON or partial PILON can be given.  With regard to the date of termination are you indicating that they can give a date, you can disagree but that doesn't mean anything if they won't change their mind?
Contract states - Employment will continue until the agreed end date or until terminated by either you or the company giving the other notice to that effect.  The minimum periods of notice are as follows:- 
Where the company proposes to terminate the employment you are entitled to one week’s notice for each complete year of service, with the minimum being four weeks and the maximum twelve weeks. 
I assume they are trying to use the 'agreed end date' clause but surely agreed means agreed by both parties?
I will try maternity action today aswell 
I suppose I could go into the meeting and state that I don't accept the partial PILON and contract termination date at that meeting and then it is up to them to come back to me afterwards?
I have already said that I require sight of a contract that I have that states they can enforce PILON as their  letter inviting me into the third meeting states -
Those being made redundant will receive the notice period set out in their contract or an equivalent pay in lieu
Thanks

getmore4less

really can't help on te SMP other than do reasearch you could do yourself.
On the service for redundancy 
Redundancy is based on the date of termination or the expiry of statutory notice whichever is the later  that is in the employment act so they can't get round that one.
https://www.legislation.gov.uk/ukpga/1996/18/section/145
you might need to read it a few times as it refers  to the other sections in particular for redundancy
https://www.legislation.gov.uk/ukpga/1996/18/section/162

if a big company who is doing the consultation? Sometimes it is managers that don't really know the law and are just do what they are told going through the motions, you might be able to take advantage of that as they may have to go back to HR or more senior to get the redundancy service issue resolved as they will have probably got it wrong for a lot of people.

Morgan34

Thank you so much that helps a lot!  You are right it is the Manager doing the consultation and they refer back to HR to get the answers, although the information I was given yesterday I have been told has come from HR so you may very well be right and they are getting it wrong for a lot of people.  I suppose best I can do is discuss with them at the third meeting on Monday, perhaps have a letter with me go through my points and then leave the letter with them to deal with afterwards so that they can come back to me? 

getmore4less

May have got the date wrong,  are you working Monday 17th Aug?  if you are then the notice ends the 12th Oct if not then 11th

Morgan34

I've been told my notice start date will be 17th August