redundancy during maternity leave

[Kveta]

I was made redundant yesterday and need some advice!

I was on a fixed term contract which is due to finish in mid-january - thought it was being extended so I could go back to work, but apparently not. My boss is being as helpful as possible but HR are giving him no information, and he hasn't had to deal with a redundancy during mat leave for 15 years, so things have hopefully changed since then!

my worries are mainly about repaying mat pay - I got 18 weeks full pay and am now on SMP. I cannot afford to repay mat pay, but cannot return for the required 3 months to avoid having to pay it back if there is no job to go back to. I'm also not sure when SMP will end, would it be the day my position is made redundant?

if anyone could advise, that would be fab, as boss is holding off on submitting paperwork until we know more about the money side of things!

(I was a postdoc in a university, not sure if that has a bearing, but including it in case it does!)

thanks :)

[flowery]

You continue to get SMP for the duration, even after you've left employment, so no worries there.

In terms of your occupational maternity pay, your employer gets to set the terms and conditions on that, so you'll need to check the policy and see if there is an exception to the 'must return for 3 months' rule for employees who lose their job through no fault of their own.

If there is no exception, you are reliant on their goodwill, however most employers would not try and claw it back in your circumstances.

But what someone on the internet says about 'the money side of things' should have no bearing on your boss's paperwork...

[flowery]

You're very welcome, OP, happy to help

[Kveta]

oh god, so sorry, i thought i'd responded

thank you so much for your help, i'm in a total muddle at the moment. boss just wanted to make sure everything was ok with smp, as if submitting the paperwork now would immediately stop my money, he'd hold off until January, when my contract ends iyswim?

thanks again, and sorry I didn't reply

[WeAreSix]

I also being made redundant on mat leave. Afaik your employer has to honour your OMP as agreed

I can't link on my iPod but if you look in the DWP website there is info about your rights while in this position. It is worth reading because there are several things your employer has to do. Even though your boss is nice, read up on your rights so nothing is missed. For instance, they have to offer you another job within the company should there be a vacancy. I can't remember the rest off the top of my head (baby brain!).

Good luck.

[MOSagain]

Yes, flowery is right in that they must continue to pay your maternity pay and also, if there is another 'suitable' job available it must be offered.

A lot of people seem to think that pregnant employees or those on maternity leave cannot be made redundant but that is not the case. They can still be put in the 'pool' of those considered but things must be considered carefully, ie, any absences due to pregnancy must be disregarded.