redundancy during pregnancy/mat leave

[lainey1981]

Hi,

Anyone know if you are made redundant during pregnancy or maternity leave if you will be entitled to your full maternity leave & pay equivalent as part of any package you would receive?
my company is going through massive change atm and seems like this will continue whilst i am on maternity leave (i am 27 weeks)
just worried that will lose my job while i am off which would leave us in difficult position.

thanks

Hi Lainey

I've just been made redundant and am 13+ wks pg, so unfortunately I will no longer qualify for Statutory Maternity Pay (including 90% of my salary for the first 6 weeks of Mat Leave).

The only positive is I will receive a redundancy payment, plus some holiday pay, which I will need to squirrel away for a rainy day. I will also look into Maternity Allowance, which pays the same as SMP anyway.

In your situation I would assume you will go on Mat Leave as normal and receive payments as normal until such a time as your company advise you otherwise. I think you will still get your SMP but someone else may be able to advise if these payments would just stop?

I think this completely depends on the company.

I am being made redundant on 31st December this year. I am currently 36 weeks - so on maternity leave at present and will still be on maternity come my finish date in December.

I will get paid as per the companys maternity policy up until the 31st December then at this date I will get my redundancy pay out plus the maternity pay I should have recieved should I have stayed with the company and then returned to work after the standard 39 weeks.

To be fair - its a good company and very well known - so they need to be seen to be being fair, and they've been very understanding to be honest. Especially as I didn't find out about the pregnancy until 23 weeks!

I would just ask the question and see where you stand!

HTH.

thanks for your advice -
Hoola - sorry to hear you will miss out on your mat pay altogether, but good that you get some redundancy pay.

Chelle - sounds like you get a good deal from your company. Mine is also quite well known and tends to be very fair, i'll have a word with HR dept next week.

thanks

If you are pregnant when made redundant they don't need to pay you anything. If you are on mat leave then they will continue payiing as prevously agreed.

As long as you are working at any point during your qualifying week (15 weeks before EWC/Expected Week of COnfinement) you are entitled to receive SMP for the full duration (i.e.) 39 weeks. THere is a helpful guide on the HMRC website which tells you when your qualifying week falls. www.hmrc.gov.uk/helpsheets/e15.pdf
The guide is also good to give to your employer if, like mine, they have no idea of their continued obligation to pay. As you are already 27 weeks I think you are OK.

I am being made redundant while pregnant as well, so have looked into this in some detail. There are some really helpful and knowledgeable HR people on Mumsnet as well, but summer hols might be a quiet time to get responses.

If you are actually made redundant while on mat leave make sure you check out your entitlement to things like full notice payment (not just SMP) and offer of alternative employment where possible. You have many more rights when actually on mat leave than before.

Hope this helps.

x

Hope this helps.

This has also just happened to me, and I worked my five weeks notice to ensure that I was employed for that all-important 15th week prior to the week of EDD. Pregnancy actually gives you no legal protection whatsoever, unless you're the only one being made redundant, whereas maternity leave does provide a bit more of a safety net.

Your company will probably, however, be very keen to be helpful/accommodating to you in working out the details of your termination, as they know that making women redundant in pregnancy is frowned on by much of society. (A number of my clients were furious on my behalf, bless the ...)

Good luck.

If you are made redundant while pregnant or on ML I strongly recommend that you see a solicitor before you sign or accept anything

If it's part of big restructuring it may well be above board but they need to be very careful they are not targetting anyone because of pregnancy - so if there are 2 of you up for redundancy and they selected you it would be very very dodgy indeed.

Contact the Law Society for help in finding a solicitor www.lawsociety.org.uk/home.law
It is unlikely to cost anything to talk to someone and find out where you stand

Sorry, just wanted to add that pregancy DOES afford you extra protection as unfairly making someone redundant because of pregnancy would be sex discrimination which is illegal!

Only if used as the only selection for redundancy, or you can prove that it is a significant contributing factor. And most companies are clued up enough to cover themselves in 'process'. Mine did.

I could recommend an employment laywer who was extremely helpful and charged me nothing for two lengthy telephone conversations, if that would be of any help.