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Redundancy on Maternity Leave

4 replies

DizzyBrunette · 21/10/2009 12:00

Hi, I am due to return to work on 19th November from 9 months maternity leave. My boss has now made me redundant (he followed all the correct channels, i.e., consultation, offering me another position etc). I have been given a month's notice from today even tho I am still on maternity leave at the moment, so my leaving date will be the date that I am supposed to return to work (19th November) - does anyone know if he can do this? I thought I had to return to work and then get a months notice?
TIA

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flowerybeanbag · 21/10/2009 12:57

Notice is about time, so if you are entitled to a month's notice of your employment ending, that means your employer must inform you about your employment ending one month before it happens, which they have done.

Are they proposing to pay you your notice?

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DizzyBrunette · 21/10/2009 13:23

Hi Flowerybeanbag,
I will be getting my SMP for the month with nothing extra - is this right?

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flowerybeanbag · 21/10/2009 13:37

Possibly not right, no. See here, there's a question about notice pay during maternity leave, plus guidance here and here about minimum payments during notice when you are absent from work for various reasons.

It may well depend what your contract says about notice.

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DizzyBrunette · 21/10/2009 14:14

Thanks for the links flowery, I have checked my contract and it says a months notice is to be given. I read through the links and I've read it as my boss does not have to give me full pay for my notice period as I'm still on maternity leave which is a real pain as I was banking on full pay just before xmas so I can at least buy my kids some xmas pressies