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ladymia Thu 27-Sep-12 09:54:17

Hi I hope someone can help me with this. I posted this already in the employment issues section but haven't had a reply so I am hoping someone here might have been through this.

I am at risk of redundancy, my end date has been set. I was made redundant within a few days of finding out I am pregnant. I meet all the criteria to still receive SML ie. been here long enough and will still be emoloyed here by my qualigying week.

I want to give work notice that I am pregnant and unsure how I should put this to them in a letter.

My end date is end of December. My due date is mid March and i am currently 15 weeks.

As I will not be taking Maternity leave as such but still entitled to maternity pay as I am still there in the 15th week before my due date i was wondering how i phrase this in the letter?

I want to give them this letter quite soon but I have been stuck on how to do this letter.

ladymia Thu 27-Sep-12 09:55:11

oops! forgot to add a subject blush

ZuleikaD Thu 27-Sep-12 13:33:49

Are you positive that you'll be still entitled to maternity pay even though you'll no longer be employed there? If so, then I suggest:

Dear [work]
I would like to let you know that I am pregnant, with an expected due date of [date]. As such I will be entitled to maternity pay from [the company] as I will have been employed into the 15th week before my due date. As my redundancy date falls before then, I would be grateful if you could let me know how my maternity pay will be paid.
yours sincerely
lady

I would keep it short and to the point. But be VERY certain of your facts before you send it.

ZuleikaD Thu 27-Sep-12 13:34:43

Oh, and Mr Anchovy is good on this sort of thing, but you'll need a subject title.

BonaDea Thu 27-Sep-12 13:42:19

I agree that if you are still employed by your qualifying week that you will be entitled. I would write a letter similar to that set out below:

"I am writing to inform you that I am pregnant and that my Expected Week of Childbirth ("EWC") is XXX. As I will still be employed by the 15th week before my EWC, I understand that I am still entitled to receive Statutory Maternity Pay.

I will provide my form MATB1 form as soon as I receive it. In the meantime, I should be grateful if you would confirm the arrangements for payment of my statutory maternity pay entitlement."

BonaDea Thu 27-Sep-12 13:42:49

p.s. I am an employment lawyer!

icravecheese Thu 27-Sep-12 13:44:58

I very much doubt that your employer will pay you SMP if you've been made redundant, however DO NOT PANIC!! You will definitely be entitled to 'Maternity Allowance' - if you go to the website direct.gov.uk and search for 'maternity allowance' there is masses of info there, plus how to apply.

The form is rather tedious to fill in, but its basically exactly the same as SMP but paid directly by Job Centre Plus rather than an employer.

Its specifically for mums to be who are self employed or not entitled to SMP but have been making regular national insurance etc contributions. Because you have very recently been employed, you will be entitled to MA (its exactly the same amount as SMP).

Hope that helps!!

icravecheese Thu 27-Sep-12 13:47:45

ps i'm an accountant & do company payrolls for clients. Once you've left a company, I don't believe that they 'can' keep paying you SMP as you're no longer on their payroll, so you would have to apply for MA. It might be easier to speak to your HR dept to see where you stand first, OR speak to Jobcentre plus,
but either way, you ARE entitled to a maternity allowance / SMP for the full 9months.

ladymia Thu 27-Sep-12 13:59:44

that's everyone!

i have checked with the maternity action line and i definitely will still be entitled to SML. I also meed the criteria for this. the maternity action line suggested i ask for this to be paid in a lump sum as this often happens when you leave the company at the same time of going on maternity leave.

thank you BonaDea & ZuleikaD i will discuss this with them but want to give them notice of my pregnancy in writing at the same time so i think it's a good idea to just keep it short and then it will allow me to discuss this with them.

There is no way i can add a title to this thread now? I feel silly having an "unknown" thread! grrrr smile

BonaDea Thu 27-Sep-12 14:00:26

icrave - she is still entitled to SMP. I'm not a payroll expert (but am an employment lawyer), so not sure how in practice it is done, but this is an SMP, not MA situation. She is entitled to 39 weeks of SMP. See here:

http://www.equalityhumanrights.com/advice-and-guidance/before-the-equality-act/guidance-for-employers-pre-october-10/guidance-on-managing-new-and-expectant-parents/managing-pregnant-women/redundancy-and-dismissal-during-pregnancy-and-maternity-leave/

icravecheese Thu 27-Sep-12 16:44:36

Hi ladies,

I do believe I stand corrected then! Apols - didnt realise that you could actually pay an employee SMP once they've left the company and you've completed a P45 for them,

In practice, i'm not sure how payroll software can deal with this scenario.... but I guess that this is solved by maternityactions response of asking for the payment to be in one lump sum (i.e. before you actually leave the company). BUt no matter - its up to your employer to sort that out for you.

I have learnt something useful today! thanks ladies! (& enjoy your pregnancy ladymia)

ladymia Thu 27-Sep-12 16:46:01

many thanks!

i have now let them know so will see how it all turns out.

thanks for the help with the letter.

Bunsouttheoven Thu 27-Sep-12 18:54:08

I was made redundant whilst pregnant & was paid my full smp as a lump sum with my severance pay.

terilou87 Thu 27-Sep-12 19:29:57

i was also made redundant while pregnant in feb 2007 i was due may, i also got smp along side my severence pay. mite be different in my situation tho as the company went into liquidation so we claimed it from the liquidators not the company its self, but if your company dont pay you you should be able to claim it through from hmrc.

cherry219 Thu 27-Sep-12 22:36:19

Just to give you a bit of extra support with this ladymia - I received my first lot of SMP yesterday, having left my job just after my qualifying week.

I'd told my employer informally that I intended on leaving at the end of July, all the way back in September 2011 (I worked in a school). I unexpectedly fell pregnant and found out in April, and my qualifying week was the first week of the summer holidays. I told my employer I was pregnant straight away, I had no idea I would be entitled to SMP but another staff member told me I was and got all the paperwork for me. As I was contracted/paid up until the end of the summer holidays (i.e. end of Augustish), I was still employed by them in my qualifying week and therefore have been receiving SMP since the start of September.

Hope that helps, good luck with it.

ladymia Fri 28-Sep-12 09:48:38

thanks ladies it helps to hear from people that have been through this. my company has treated me very fairly so far so I am sure this will not become a problem (i hope!) smile

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