Maternity Leave refused due to possible redundancy

[tinkerberry]

I am 22 week pregnant, i informed my line manager in writing when i was 15 week pregnant i did not tell him my date i wanted for maternity leave because he said he didnt want them yet.
Today i filled in the maternity planner and application for and sent it off to HR with my MATB1 form.
I phoned HR to tell them i had sent it and they said they would probably refuse my request for maternity because there is possible redundancy coming up in the next week.
I have not yet been issued a notice but could be issued one next week. Notice period if 90 days anyway so i would have already gone on mat leave before the 90 days are up.
can they do this to me?? can they refuse maternity leave and pay on grounds of possible redundancy?

Really not sure but I would suggest you contact your local Citizens Advice bureau for advice.

You are entitled to stat mat leave (and pay)if you have worked for twenty six weeks to the eligible week (which is 15 weeks before your due date).

I'm not sure when they are supposed to provide confirmation but they may be delaying confirmation until they know what is happening with redundancies.

are they refusing statutory or extended or enhanced mat pay?

They have 28 days to confirm.

Do you get an enhanced mat package ie more than stat min?

I'm not an expert at all but I don't see how they can change your maternity provision, it's written into your contract and you still work for them.

Keep a copy of the letter/email that you sent them confirming the date that you want to start your maternity leave. I don't think they have a choice in this TBH.

Are they asking you not to give birth?

I don't understand how they can refuse your maternity leave.

How long have you worked for them?

Maternity leave isn't something you request and they decide whether to grant you. If you're pregnant and employed you can take maternity leave. As hairy says, If you earn enough and are employed up to and including the 15th week before you are due, you are also entitled to statutory maternity pay for 33 weeks regardless of whether your employment ends after that date.

So if you are made redundant you might not be able to take maternity leave as such, but you will still get your SMP.

Is it enhanced maternity pay? If so, you won't get that if you are made redundant I wouldn't have thought. Check the terms and conditions in your contract and/or maternity policy to find out.

If you would normally be entitled to enhanced maternity pay it may be that they don't want to confirm your pay entitlement in case you are made redundant because it would then be statutory only. Might that be it?

flowery if that is the law then that's a huge incentive for employers to make pregnant women redundant isn't it. Is that definitely true? I'd have thought that if you're past the point of no return (15 weeks before you're due or whatever it is) and you're employed by them then you would get what it says in your contract whether you subsequently get made redundant or not.

I know you are a super expert so I'm not arguing - just a bit flabbergasted that the rules would say that as they seem to offer a big potential for discrimination.

I was under the impression (maybe naively) that pregnant women and those on maternity leave were given special consideration in redundancy rounds, as employers couldn't be seen to be selecting in order to get out of paying.

This is no expert opinion though and I stand to be corrected!

If someone is made redundant because they are pregnant obviously that would be illegal discrimination so there is protection there.

But if an employer offers enhanced maternity pay they can put whatever terms and conditions on it they like. Including that the person must be still employed to receive it - indeed most employers put a further condition on it that the employee must return to work after maternity leave to avoid paying it back.

Just because employment ends through redundancy rather than resignation doesn't mean any contractual conditions placed on enhanced maternity pay are null and void.

In terms of extra protection in redundancy rounds, women on maternity leave get preference if there is a suitable alternative job. Women who are pregnant do not, although as I said, they obviously can't be made redundant because they are pregnant.

If they haven't put a condition like that on it though, and it's not dependent on returning, can they still pull it?

It seems like a huge incentive for companies to select pregnant women for redundancy as it will save them £££ if they offer an enhanced package.

If the only condition on it is still being employed at a set date during pregnancy, then it can't be withdrawn, no. That would be incredibly unusual though. Most companies have a condition about returning but even those who don't, would have a condition of being employed while receiving it.

If a pregnant woman is made redundant it's not just any enhanced maternity pay that's being saved, it's holiday pay, other benefits, plus hassle factor, so yes, in the absence of specific protection there is incentive there.

But for that reason it's illegal for pregnancy to be any factor in a redundancy decision. It doesn't matter how much easier/cheaper the company's life will be if they get rid of the pregnant woman rather than someone else, they need proper reasons to justify selection for redundancy.

Yes that makes sense flowery.

i have been employed witht hem for 3 years, so i wont be on mat leave per say becuase there wont be a job for me to come back to but i will still get paid smp?

its all so confusing

It's probably easier to think of the leave and pay elements separately.

Every pregnant woman who is working is entitled to take maternity leave of up to a year from no earlier than 29 weeks pregnant, and come back to a suitable job.

Some pregnant women also qualify for SMP.

If a pregnant woman's employment ends for non-maternity related reasons during her pregnancy she won't be taking maternity leave from that job/employer as such, she'll just be out of work, however if she was still employed by week 25 of her pregnancy, she will get SMP anyway, either for 33 weeks or until she starts work with a new employer, whichever comes first.

thank you very much that was very helpfull, at least i now know whatever happens i can still have time off with my baby and not wprry bout money so much :)

also if this helps, i was made redundant when pregnant with ds1 - they paid me an absolute fortune to go away quietly as they obviously were very cautious about the legal implications...