SMP clarification

[momz]

Hi All,

I am working with my company from last 7 years but my contract will end soon.

According to the SMP calculator i am short of 4 days to be eligible for SMP (15 weeks before the due date you should be employed with the same employer).

I am very confused regarding this. I am not sure whether my understanding regarding the SMP calculation is correct or not?

Please help. I can't discuss with HR due to some personal reasons.

Hey

Your best bet is to check the gov website or ring someone from citizens advice they will be able to give you an answer also check your contract with the company mine said that I had to have at lease 26 weeks working and I was entitled

Are you able to post some dates/more info? Start date, date you were given notice, reason your post is ending, due date.

I started working in this company in 2011 and then I had my first baby in June 2016. I was on maternity leave for 16 months. After my maternity leave the company is not able to find any work for me so as a notice period they extended my contract till Feb 18.

My due date is 1st June and my contract ends on 8th feb. When I put these dates in the gov.uk SMP calculator it says you have to be working till 11th feb to be eligible for SMP.

Hope the above information helps!

@Intelinside thanks

@Intelinside I have shared the details you have asked. Hope it helps!

Did you tag annual leave to the end of your 12 month maternity leave entitlement? Just curious how you had 16 months off.

You are entitled to return to your post after maternity leave, is there someone else doing the job that you were before your 1st period of mat leave? Or is the post being deleted from the structure.

1. You are entitled to a redundancy payment as you have over 2 years continuous service
2. If you have 7 years service you are entitled to 7 weeks notice from your employer. Check your contract - depending on the contents, you may be entitled to more notice (and this will take you over your smp date

You need to urgently consult your union or the citizens advice bureau. A solicitor may offer some free consultancy you you which you should utilise. You could be being unfairly dismissed and they may be avoiding your SMP (unlawful deduction of wages).

Your contract, by nature of being 7 years long, is permanent. To be dismissed, due process needs to take place, either via legitimate redundancy or another valid reason, such as capability, misconduct etc. It is not possible for them to end your role without first trying to find you suitable alternative employment and/or paying you a redundancy payment (IF your post is deleted).

Please please take advice. This sounds like potential a discrimination case.

@Intelinside I work as a consultant so I went on my maternity leave post completion and handover of my project. I emailed HR after completion of my mat leave (12 months) stating my intention to join back but they extended my mat leave (LWP) stating that there is no project running where they can accommodate me.

After too much pressure from my side they need to continue my contract in October till Feb but till now I am not able to find any new project and hence this contract will end.

I will try to set up appointment with citizen advice coming week or solicitor to see their view on this.

I am very disheartened that post my maternity leave my 7 year service was just trashed into bin.

Thank you very much for your advice.