maternity leave, holiday entitlement and potential redundancy

[BackAgain]

I wonder if anyone has had any experience of the following. I am currently 13 weeks pregnant and just working out when I will start my maternity leave. I know that in a usual circumstance my company likes you to take the rest of your annual leave entitlement before you start your maternity.

However, I am expecting to be put 'at risk' of redundancy in the next few months - not a bad thing for me personally as I would like to have a career break and then change careers so this way at least I get some cash to help.

My question is if I plan to take the rest of my annual leave before maternity leave and I am then given notice (either before or when on maternity leave) therefore in effect reducing my annual leave entitlement as I won't be employed for the full year can my company then expect me to pay back salary for the 'additional' leave I have taken?

Thank you in advance if anyone has any experience of this and can offer me any advice

[flowerybeanbag]

Yes technically they could deduct annual leave entitlement taken but not accrued from any final salary payment. They may choose not to do so though.

Bear in mind that as a woman on maternity leave you might be less likely to be made redundant than otherwise, both in terms of fear of discrimination claims and also because you have slightly enhanced rights to alternative employment.

[BackAgain]

Thanks flowerybeanbag - I will have a chat with HR about annual leave and how much is best to take. Thanks for tip about redundancy - I have fairly clear indications that I will be 'at risk' due to the nature of my function (only one that does role, no equivalent role in new structure) just don't know about timing so will keep my fingers crossed.

[BackAgain]

Just a quick update and another question. I was told yesterday that I am definitely on at risk list and the likelihood of there being a suitable role for me to move into is slim.

Timing wise it looks like I will already be on maternity leave when I am given my notice - does this mean I will get three months notice (my notice period) at my usual salary rate or will I get three months at the rate I will be on at the time - which will be a mix of enhanced maternity pay and SMP?

[RibenaBerry]

First a bit of a side question, are you aware of Regulation 10 (have a look in the archives here).

Ok, assuming you are redundant, it depends whether people are asked to work out a notice period or paid out. If you are asked to 'work' it then it would be maternity pay/SMP in your situation (there are some funny rules if you have statutory minimum notice, but you don't). If it is paid out, that would normally be at full rate to avoid discrimination allegations, but that isn't completely cut and dried and they would only make you up to full salary (not full salary plus maternity pay IYSWIM).

[BackAgain]

Thanks RibenaBerry - I am aware of Regulation 10 but to be honest I don't want to stay and am happy to take the money and run as it were.

I don't think we have ever had anyone else in a similar position in the organisation but I have had a chat with a colleague in HR and it is likely that they will pay everything - notice, SMP to end, redundancy pay in a lump sum as soon as possible after giving me notice to get me off the pay roll. We also have a 'return to work' bonus if you return for 6 months after maternity leave and there is a possibility that as I won't have the opportunity to return I may get that in addition.

I think they will do their best to look after me as it were I just want to be aware of my rights

Thank you for responding