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Any HR advisors / employment lawyers that can help please?

(7 Posts)
ejclementine Tue 16-Jun-15 21:11:49

Hello, I'm trying to work something out but I don't know where to start. I'd like to hand in my notice at work before I go on maternity leave as I don't wish to return. I have a three month notice period, and I'll be on smp, so the first six weeks will pay me 90%. What I want to know, is do I have to be employed by the company to qualify for the 6 weeks at 90% pay (so should I hsbd in my notice when those 6 weeks form part of the 3 months, or can I quit sooner and still qualify?
I know the statutory £139 a week will still stand because I will have been employed for most of my pregnancy.

Many thanks in advance.

ejclementine Tue 16-Jun-15 21:12:36

*hand (not hsbd!)

MrsTrelis Tue 16-Jun-15 21:18:52

Why not just hand your notice in three months before your SMP stops? I'm unsure why you need to quit sooner if you're going on mat leave anyway?

ejclementine Tue 16-Jun-15 21:32:26

Hi - good question! I'm bound by a hefty non-compete clause and another clause that prevents me from working with pretty much everyone I know. If I can leave sooner then I can start work sooner. I'd like to go back to work after 9 months but with the clause I wouldn't be able to unless I can somehow shave off that six weeks without losing out...

Unthoughtknown Tue 16-Jun-15 22:42:31

Hi ej. The six weeks at 90% is a statutory payment just like the 139 per week is. This link is useful

www.maternityaction.org.uk/wp/advice-2/mums-dads-scenarios/pregnant/resigning-during-pregnancy-and-maternity-leave/

ejclementine Wed 17-Jun-15 07:29:16

Thank you! That's perfect - a very helpful website. smile

lougle Wed 17-Jun-15 07:41:53

You'll get the SMP regardless of whether you're employed by them once you get to that stage.

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