Redundancy in very early pregnancy

[Pigletta]

Another question for an employment lawyer - if I were made redundant in early pregancy, my understanding is that my employer wouldn't be liable for paying SMP. However if I were to find a new job after redundancy, my new employer wouldn't be liable either. Although I'd be entitled to Maternity Allowance, this wouldn't cover the 6 weeks at 90% of average weekly earnings.

Is this entitlement just lost then? Seems unreasonable if someone has to leave their employment through no fault/choice of their own.

[MrsBigD]

sounds about right unfortunately (though I'm no lawyer ;). How long have you been with the company that might make you redundant? Would you at least get a severance package?

Have you tried calling Citizens Advice or whatever it's called :)

[flowerybeanbag]

You wouldn't be entitled to SMP if you leave employment before 25 weeks pregnant, no. Employees who have met the requirements for SMP do still get it even if they leave employment soon after, but if you haven't yet qualified for it your employer isn't obliged to assume you would have stayed employed long enough to get it.

Lots of entitlements are related to length of service and are therefore lost through no fault of the person's own if they have to leave their job through redundancy. It's irritating when you are not far off getting something when you have to leave I know, but there has to be a cut off for all entitlements and if you're made redundant before then, it's just tough.

[RibenaBerry]

If it's any consolation, maternity allowance isn't taxed, whereas SMP is, so for the weeks other than the first six, you actually get slightly more on MA. Depending on earnings, I guess you could even end up just as well off (though it's less of a benefit if you're a higher earner).

[Pigletta]

Thanks for all these replies.

I do get a redundancy package which isn't too bad after quite a few years service, but it just seems a little unfair not to get the SMP as I had no intention of leaving (except for maternity leave).

I suppose I'm a reasonably high earner so the first six weeks of SMP is a bit of a loss. I'm concerned with the current economic climate I won't find another job on the same salary (or at all) so every penny counts when you are possibly heading towards a period of time on one income rather than two.

I say possibly, having had a miscarriage a few months ago, don't want to assume anything this time around!

At least I know where I am regarding SMP - thanks again!