Redundant as maternity leave begins... should I still accrue paid annual leave?

(5 Posts)
Pinky333777 Tue 12-Dec-17 19:24:36

I'm due to be made redundant the day my maternity leave begins.
My employer will still pay me SMP plus redundancy pay owed.
I was wondering if I should still accrue paid holiday while on maternity leave?
Or would that no longer apply, as technically I'll no longer be employed?

I initially had assumed the redundancy would kick in after my maternity leave rather than before 😐

Thanks for any advice x

OP’s posts: |
Pinky333777 Wed 13-Dec-17 11:09:36


OP’s posts: |
Madcats Wed 13-Dec-17 11:29:07

What bad timing. My firm wanted to relocate/close our department a month before my maternity leave started. They decided not to discuss redundancy with me until just before I was due to return (so I accrued holiday pay etc). I'm not sure that it was a legal requirement, though.

Have a look at this:

It is worth giving them/ACAS/Citizens Advice a call just to confirm whether what you have been told is legal. 28 days holiday pay is quite a bit of money.

RicStar Wed 13-Dec-17 11:36:39

Unfortunately no as you will not be employed you will not accrue holiday.

GingersMammy Mon 01-Jan-18 12:40:47

My thinking was no you wouldn't, as theoretically you are selling your contract back to them and severing all responsibilities of both parties.

You should ask for a breakdown of exactly what your final payment will include and then you could of course negotiate from there. Perhaps ask "as a goodwill gesture, how about adding on the holiday pay, as you would definitely have come back after maternity leave ".

I've also got a feeling that legally they are not supposed to make a person redundant during or immediately prior to maternity leave. So look into that, it may give you another bargaining lever.

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