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Resignation, Redundancy and SMP

3 replies

BananaKid · 18/09/2010 17:56

Hi,
I am in a bit of a predicament and wanted to know what people thought and what advice I could get... It?s a complicated one so here goes:

I am pregnant and my due date based on my first scan is: 24/03/2011. :)
I have been working in my current job in the NHS for just under a year (it?ll be a year in mid-October). The organisation is going through a major restructure process which means I could lose my job anytime from April 2011. Due to only having worked in the company for a year, I don?t think I would be eligible for any redundancy pay. I have been offered Mutually Agreed Resignation (MAR) which would mean I could leave with 3 months severance pay if I leave by the end of November.

From my calculations:
My eligibility date for SMP (15 weeks before birth): 05/12/2010
My SMP payments start date (11 weeks before birth): 02/01/2010

Here are my questions:

  • Does resigning as opposed to being made redundant affect my eligibility for SMP?
  • If I don?t take the MAR but am made redundant sometime after 05/12/2010 will I still get SMP?
  • If I take the MAR and leave before 05/12/2010 I understand I would not get any SMP?, but if I am able to agree a leaving date after 05/12/2010 does that mean I could get my severance pay as well as SMP? :)
  • Do I have to inform my employer that I am pregnant before going for MAR (if I do)?
  • If I have to tell my employer that I am pregnant before taking MAR, I would have to tell them before I have received my MATB1 (I cannot get this until 31/10/2010 at the earliest), however I have to let the company know I am opting for MAR by 08/10/2010 ? what do I do? Confused

Thanks in advance
BP

OP posts:
flowerybeanbag · 18/09/2010 18:04
  1. No. Doesn't matter if or how you leave employment
  2. Yes.
  3. No SMP if you leave before 5/12. Whether you'd get your severance pay if you leave later than end November is entirely up to your employer. You would get SMP.
  4. No.
  5. If you don't want to tell them you're pregnant (any reason why not?), then you don't have to.
seeyoukay · 19/09/2010 10:42

Ask them to stick you on 3 months gardening leave instead of 3 months pay in lieu.

BananaKid · 23/09/2010 10:49

Thank you for the responses...

I thought that telling my work that I was pregnant (and what date I am due) may effect their decision (for the worse) to allow me to leave later.

I hadnt thought about garden leave... Good idea, Ill see if they go for it.

OP posts:
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