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6 weeks pregnant and being made redundant in September help

15 replies

J43mum · 17/01/2019 22:02

So I am a nanny and I work 3 long days 12 hours, my boss has just told me from September the little one is starting school and will be doing afterschool club so I won’t be needed , obviously she don’t no I’m pregnant yet, but where do I stand am I entitled to redundancy and smp ? Or none ! Any advice would be great

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FinallyFree123456789 · 17/01/2019 22:06

Redundancy probably not.
SMP providing you have been in employment for so many weeks - yes

What does your contract say about maternity pay etc?

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FinallyFree123456789 · 17/01/2019 22:10

@J43mum

To qualify for SMP you must:
• earn on average at least £116 a week
• give the correct noticee_
• give proof you’re pregnantt_
• have worked for your employer continuouslyy_ for at least 26 weeks continuing into the ‘qualifying week’ - the 15th week before the expected week of childbirth

I would give DWP / Citizens advice a call and speak to someone. They're usually quite helpful.
Happened to me when I was 6 months pregnant and they were great at advice

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J43mum · 17/01/2019 22:17

@finallyfree123456789 why not redundancy? I have been with them 3 years in may.
Contract says smp

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J43mum · 17/01/2019 22:17

@finallyfree123456789
Yes think I’ll give them a call tomorrow, thanks for reply ! X

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FinallyFree123456789 · 17/01/2019 22:18

I'm a nanny - every contract I've ever had states as long as they give me 3 months notice that they no longer need me then that's it. No redundancy pay.

You'll 100% get SMP then - you would need to read it for redundancy pay - but I think they would have covered themselves for this knowing their child would be going to school.

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FinallyFree123456789 · 17/01/2019 22:21

@J43mum

Found this if it's any help -:

In order to qualify for reundancy the nanny must:
Be 18 or over.
Have at least two years continuous employment with the same family, without any breaks, apart from maternity, sickness and unpaid leave.
Be working as an employee with a PAYE Scheme and under an Employment Contract*
*This does not necessarily mean a written contract, as some employers unfortunately don't provide this. She is still considered an employee working under a contract even if there is nothing in writing.
How much is Redundancy Pay?
This is dependent on age and the length of time in employment with that family. The table below shows the current rates, also on our Rates & Thresholds page:
Age
Amount Owed
18-21
Half a week's pay or £244.50, whichever is lower
22-40
One week's pay or £489, whichever is lower
42-Retirement
One and a half week's pay or £733.50, whichever is lower

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kaytee87 · 17/01/2019 22:28

What does your job say re redundancy? I'd be surprised if there's not something written in about notice instead. A nanny isn't an employee a family will need for an indefinite period of time. I'm surprised you wouldn't have assumed already that you wouldn't be needed once the child went to school. It sounds like they've given a good amount of notice but just check your contract.
Regarding smp, if you've been working for a while then I don't see why you wouldn't get it.

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kaytee87 · 17/01/2019 22:31

Sorry job = contract *

Your contract maybe be fixed term. Regardless it would only be 1 weeks pay or there abouts.

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J43mum · 17/01/2019 22:35

FinallyFree123456789 Yeah I have a contract and I’m employed by them and tax and ni is paid through a nanny company so think I’ll call them tomorrow. Thanks for your help it’s just all so confusing

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J43mum · 17/01/2019 22:39

@kaytee87 Yes I knew they would be going to school , my last nanny job I was with for ten years so does not mean after 3 years every job ends , yes your right they have given me good notice hence why I’m asking about redundancy, I will give the citizens advice a call tomorrow.

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MiniMum97 · 17/01/2019 23:11

Any employee is entitled to redundancy pay once they've worked for an employer for 2 years. You can't put in a contract that the work will end with x amount of notice as contracts can't override the law.

Your employer would have to be careful that it didn't look like discrimination due to your pregnancy but as they have already told you and they don't know you are pregnant yet they are likely safe there.

"If you are made redundant and your employment ends in or after your qualifying week, you are still entitled to SMP for 39 weeks. If you are already on maternity leave and receiving SMP, your maternity leave will come to an end when your employment ends but your SMP must continue for the rest of the 39 week period."

From this page:

www.maternityaction.org.uk/advice-2/mums-dads-scenarios/pregnant/redundancy-during-pregnancy-and-maternity-leave/

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StrippingTheVelvet · 17/01/2019 23:26

Are you an agency worker via a nanny company?

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J43mum · 18/01/2019 06:14

@MiniMum97 thanks for that , I had redundancy in another job soiled you said you do get it, just wondered as now pregnant! Thanks for your reply I'll ring today and see where I stand x

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J43mum · 18/01/2019 06:15

@StrippingTheVelvet I work for the family not agency x

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J43mum · 18/01/2019 06:16

@FinallyFree123456789 hey , just read contract nothing in there about redundancy. X

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