Made redundant

[CD28]

Hi All,

I was made redundant today after being on furlogh since 1st of April. I'm also 27 weeks pregnant so whilst I'd much rather have a job to go back to, I'm also relieved after having virtually been on tenter hooks my whole pregnancy so far. Am I normal to feel this way?

I knew that I would be on a lower income soon anyway but my partner also lost his job last month so we are basically sitting ducks right now. I've never had to claim benefits before as I've never been out of work for more than 1 month since I left school at 16 but I know that I can't really go and take on another job right now as I'd not be entitled to maternity pay as I'd be leaving in less than 2 months!

Universal credit is a minefield and speaking with citizens advice today really brought home how little we will receive.

Just wanted to kind of share that whilst I'm in a bit of a hole just now that I'm trying to stay positive. Hoping I can help someone else x

BUT there is always someone worse off than you!

Hi OP

Sorry to learn of all these changes and I really admire your positive approach - that can only be a good thing for you and baby.

I hope you will look back at this in the near future and think God that was rough but we got through it.

Lots of positive vibes and well wishes. Xx

I may be speaking out of nowhere right now, but as you are past the magical week period that is calculated for SMP, don't the company have to pay you that in a lump sum as part of your redundancy? You would likely be entitled to maternity allowance in lieu of it, but at least you wouldn't have to go with the hassle of applying for it.

Hi op, good that you're staying positive. Hopefully your employer is respecting your rights and their responsibilities to you, making you redundant while pregnant is something a lot of employers would be very nervous about doing because you may have extra rights in some cases, there's lots of useful info here:
maternityaction.org.uk/advice/redundancy-during-pregnancy-and-maternity-leave/

This bit is particularly reassuring:

your employment ends at the end of your notice period (whether you have to work it or not) so that is when your redundancy takes effect. If you are still employed in all or part of your qualifying week (the 15th week before your baby is due) you can still get SMP.

If you are 27 weeks now, you should still qualify for smp.

I was made redundant when pregnant a few years ago, although I was much further on that you. I claimed SMP from the government once I was made redundant, and then when that came to an end I claimed contributions based job seekers allowance while I was looking for a new role. Wasn't a lot of money but it was something.

@serialplanner

Hi OP

Sorry to learn of all these changes and I really admire your positive approach - that can only be a good thing for you and baby.

I hope you will look back at this in the near future and think God that was rough but we got through it.

Lots of positive vibes and well wishes. Xx

Thank you so much. I feel like that old saying is true.. if you don't laugh, you'll cry! X

@Alarae

I may be speaking out of nowhere right now, but as you are past the magical week period that is calculated for SMP, don't the company have to pay you that in a lump sum as part of your redundancy? You would likely be entitled to maternity allowance in lieu of it, but at least you wouldn't have to go with the hassle of applying for it.

Thank you for your message. I spoke with citizens advice today and they didn't mention it. I was advised I'd receive an enhanced package 'off the record', whatever that means. Although I haven't been told what this includes other than my months notice pay and holiday pay x

Op that is starting to sound dodgy. The people to speak to regarding your employment rights are acas, citizens advice are not always experts. Please make sure that whatever package you get is equivalent to the following:

Your contractual notice period or statutory notice period, whichever is the longer
Any unused annual leave.
Your redundancy payment based on your age and number of years service
Your smp, the full 39 weeks.

As far as I can tell that is what you are entitled to by law.

@CD28 they are going to get you to sign a settlement agreement to waive your rights against them. Potentially because they are discriminating against you and/or dont intend to pay your SMP which may be due, based on your qualifying week (it's late, I'm tired and I'd need to work the dates out). Or possibly they are doing none of these things but want the comfort of knowing you aren't going to try and sue them. I am an employment lawyer and see this literally every day. You will have to get independent legal advice to make the settlement agreement binding. The employer should contribute to the costs of this. I hope that helps and I am sorry you are facing this right now. X

Sorry to hear this, my DH got redundant 3 weeks before baby is due. Economy at this point is going to pieces and all we can do is indeed stay positive and concentrate on what's important, our little ones and being healthy. Good luck, I hope all turns out well for you!

@katmarie

Op that is starting to sound dodgy. The people to speak to regarding your employment rights are acas, citizens advice are not always experts. Please make sure that whatever package you get is equivalent to the following:

Your contractual notice period or statutory notice period, whichever is the longer
Any unused annual leave.
Your redundancy payment based on your age and number of years service
Your smp, the full 39 weeks.

As far as I can tell that is what you are entitled to by law.

I don't understand? So my employer still has to pay me SMP even though as of today I don't work for them? If so, is it as a lump sum or weekly/monthly?

[quote lawandgin]@CD28 they are going to get you to sign a settlement agreement to waive your rights against them. Potentially because they are discriminating against you and/or dont intend to pay your SMP which may be due, based on your qualifying week (it's late, I'm tired and I'd need to work the dates out). Or possibly they are doing none of these things but want the comfort of knowing you aren't going to try and sue them. I am an employment lawyer and see this literally every day. You will have to get independent legal advice to make the settlement agreement binding. The employer should contribute to the costs of this. I hope that helps and I am sorry you are facing this right now. X[/quote]
Thank you for your message. See my above reply. Can you assist at all?

@Viletta

Sorry to hear this, my DH got redundant 3 weeks before baby is due. Economy at this point is going to pieces and all we can do is indeed stay positive and concentrate on what's important, our little ones and being healthy. Good luck, I hope all turns out well for you!

Lovely message, thank you. Sadly I know I won't be the last put in this position. What a horrible time. Hopefully by the time I am looking to return to work (summer 2021) the job market will be a bit more favourable! X

Op how long have you worked there and what does your contract say about notice periods? How many other people have been made redundant? How big is the company and was there any prior consultation?

Everything i listed in my previous post is what you should be entitled to by law provided you have 15 weeks or less to go of your pregnancy on your last day employed with this company. Its not unusual for employers to make women redundant in the belief that they won't have to pay smp, but as you are past the 15 weeks to go point, they are obliged to pay it, whether they make you redundant or not.

Have a look at the guidance I linked, and check out pregnant then screwed. Whatever you do, don't sign anything from your employer until you are sure it encompasses all of what you are entitled to.

I have just been through the redundancy process within my own company, while on maternity leave, plus I also was a union rep, and dealt with redundancies a lot. I would hate to see you losing out because of a lack of awareness of your rights.

@katmarie do you know if my DH would qualify for paternity leave pay (2weeks) if he was made redundant and the final date is after the baby is born? He was with the company for 1,5 years?

Hi OP, I cannot stress enough that @katmarie is absolutely correct. I was made redundant whilst pregnant. I spoke directly with acas to establish my full rights, as my employer at the time refused to listen to me. Acas themselves even tried reasoning with my employer. We ended up in a tribunal and I won. You are due your full notice period (check your contract for length), any unused holiday (up to your annual entitlement), and full SMP - calculated for the full term it would have been paid to you. It will all form part of a lump sum departure payment. Good luck and congrats on your pregnancy. 🙏

@Viletta . Yes - he would be entitled to full paternity pay on the basis that the birth happens before the employment termination date. I believe the paternity pay period is circa 2 weeks. 🙏

@Namaste6 thank you! Hope he will! We'll talk to his hr!

@CD28 have sent you a PM.