Redundancy whilst on Mat Leave - Paid Contractual Notice?

[HavingAnOffDAy]

Hi

I receieved notice yesterday that my job is at risk, and it looks likely that I'll receive confirmation that I am to be made redundant at about the same time that I stop receiving SMP.

I have read & re-read the Maternity Alliance factsheet and it states that

The statutory (legal) period of paid notice is one week?s notice for each year of continuous employment with your employer, up to a maximum of 12 weeks. You are entitled to receive paid statutory notice when you are on maternity leave. However, if your contract of employment gives you at least one week?s notice more than your statutory notice period, you have to rely on the notice period in your contract ? contractual notice. The law is currently unclear but it may be unlawful to refuse to pay contractual notice pay during paid maternity leave (i.e. the 39 week SMP period) and possibly throughout maternity leave. If your employer refuses to pay contractual notice pay you should seek advice.

Under my contract I am entitled to 3 months notice. Should me employer pay me mt contractual salary for these three months? Has anyone on here ever been paid this/know what my rights are & if so what were the cirmcumstances?

Thanks!

How long have you worked for them. Unless it's 12 complete years or more, that rule won't apply because your contractual notice will be at least a week longer than your statutory minimum notice.

I've worked for them for 6 years, but I thought this paragraph related to the amount I should be paid (SMP/Nothing vs contractual pay during notice period).

I'm probably wrong though!