Is it legal for my 3 month redundency notice and maternity leave to overlap?

[Gailat]

Hi,

My 3 colleagues and I are being made redundent. As per our contracts, we have to give 3 months notice if we wish to leave and the company too. Hence, we have been given 3 months notice beginning April 1st. However, I am due to go on a year's maternity leave from the end of April, which the company are honouring. I believe that as my notice period overlaps into my maternity leave then I am due the other 2 months notice period after my mat leave. The company refute this, state the situation is not negotiable and wish me to sign a non-disclosure document.

Are the company acting illegally or should I be satisfied that they are honouring my maternity leave? It does seem unfair that because I am pregnant that I do not get my full 3 months notice period as my contract states.

You can be made redundant whist you are pregnant or on ML.

You are getting 3 months notice. The redundancy will take effect part way through you maternity leave. That is normal and legal (unless you believe the redundancy is because of pregnancy or ML).

"If you are made redundant whilst on Statutory Maternity Leave then you have special rights. You have the right to be offered any suitable alternative job in the company. This is even if there are other employees that might be more suitable for the job. If you are offered a new job, you are still entitled to the four-week trial period, which should start when you return from Statutory Maternity Leave.

If you are made redundant or dismissed during your Statutory Maternity Leave your employer must give you a written statement explaining the reasons for their decision. You should receive your normal notice period or pay in lieu of notice and redundancy pay, if you are entitled to receive them."
www.direct.gov.uk/en/Parents/Moneyandworkentitlements/WorkAndFamilies/Pregnancyandmaternityrights/DG_175088
(Scroll down to "Redundancy or dismissal during maternity leave".)

If your employer is saying you will only get one months' notice or pay in lieu of notice instead of three months because you are going on maternity leave, that sounds wrong. As explained above, you are entitled to your normal notice period or pay in lieu of notice and redundancy pay.

I would ask your employer to explain in writing why they do not think you are entitled to the full 3 months of your contractual notice period. If you are in a union, raise it with them. If not, get some legal advice.

Check your household insurance policy - some provide cover for legal advice and assistance.

I got made redundant when I was 26 weeks pregnant, got 3 months full pay included in my redundancy package and my maternity pay, which the company had to pay me by law, was paid from 29 weeks (which was my requested start of my maternity leave).

Perfectly legal.