7 months pregnant and Redundant!

[Pregnantbam]

Hi everyone!

I would appreciate anyones help with this matter!

My company is currently going through a lot of redundancies and I'm now potentially up for the cut.

I'm 7 months pregnant and have gone through all the legal company policies regarding my pregnancy (ie, notifying them in time and providing MATB1 forms, having all my maternity meetings etc) but no one in my HR department (even the HR Director) my line manager etc can/will tell me if I'm entitled to my maternity pay as part of my redundancy package.

For instance, their maternity package is good and pays 6 months full pay and then 3 months SMP. I meet all criteria for maternity pay if I was to hypothetically stay (been at the company for 5 years, first child etc) but all that my HR contact has told me in my meetings is that 'off the record, they should do the right thing, they should pay you that maternity pay all in one go with your redundancy', but 'on the record', no one can or will shed any light!

I'm going to call citizens advice in the morning and I feel like I've trawled the government website for the law on this but I can't find anything.

Has anyone else been through this or knows where I stand legally? My contract runs out in a few weeks and so I don't have much time to sort this. I feel like they're holding back so they can offer me a rubbish package very close to my end date and know I won't fight (I will fight!)

Thanks in advance!

Ah, what a shit situation, sorry OP. Maternity Action have lots of information on this. maternityaction.org.uk/advice/redundancy-during-pregnancy-and-maternity-leave/ The bit about contractual maternity pay is buried in the section about redundancy whilst on maternity leave (rather than before), but I think applies to your situation too.

My understanding is that as you are past the qualifying week, they still need to pay you SMP if you are made redundant before mat leave starts, and they can pay this as a lump sum with your redundancy package. Unless there is anything specific about it in your contract or policies, according to maternity action they are not obliged to pay the enhanced element of the package because this is a contractual benefit and the contract is no longer in effect once you have been made redundant. Some employers would choose to pay it all to do the right thing though. I’m wondering if your employer is being vague about it because they know you’re not entitled but don’t want to tell you yet in case you kick off. Or they might want to pay it all to you but not have sign off yet. Hard to say why they aren’t giving you a clear answer sorry. Or the HR director just might not know the law on this, I’m a head of HR and had to google it!

What do you mean when you say your contract runs out in a few weeks? If you are coming to the end of a fixed term contract then they don’t need to make you redundant or pay you any maternity pay past the end of the contract.

So sorry you’re in such a precarious position, please get some proper legal advice. Maternity Action might be able to help, or Acas, or a solicitor would be ideal if you can afford it.

Thanks so much @YakkityYakYakYak! That helps a lot and it could be they don't want to pay me this maternity package going forward which is a shame.

Technically I'm on FTC yes, but during my HR meetings for maternity I've been told this is invalid as I've been there over 5 years (doing the same role) and after 2 years (company policy) I should have been made permanent (news to me!) so HR are treating me as a permanent employee with regards to redundancies and notice because the whole company is going through them.

That link is very helpful and I'm currently looking at ACAS now, so thank you for that suggestion.

Really appreciate everything you've said, it makes a lot more sense now and I'm thinking I'll probably not get that maternity package benefit now. Sigh.

HI OP, yes it is possible they will make you redundant and not pay your enhanced maternity pay. However just a couple of points

• If they are taking people through a selection process to see who is made redundant or who gets new jobs, they will almost certainly keep you if they can at all to avoid any potential claim that you were unfairly selected due to maternity.
• As your HR department have said the fact you are on a FTC is a red herring, you have been there so long that you are treated as a regular employee.

In my experience (as a HR professional), while they could not pay you the enhanced maternity pay. They will likely move heaven and earth to keep you in a position or pay you the full maternity pay as it is not worth the hassle to not do it!

When talking to acas and citizens advice ask about going on maternity in next couple weeks before redundancy cuts start see if that might help the situation

I was in a very similar situation with my first DC I was told I would not be entitled to enhanced maternity pay. We came to an agreement they would pay it up until my contract ended (so through the notice period as I essentially gave birth a day after being told I was being made redundant) but that was ‘good will’ and would not continue throughout my leave. They did have to pay SMP.

Awful situation. Best of luck to you

Hiya, the exact same happened to me. I was nearly 8 months when I finally got made redundant. They paid me my redundancy, final months pay, any owed holidays not taken yet and my full mat pay. So I got one lump sum. I understand that's how it should work for everyone?? X