TUPE/Redundancy/Maternity - HELP!

[LindtReindeerLover]

DC1 due in April, have found out today that my contract of employment with company A is being TUPEd over to company B effective 1st April. Company B is in Milton Keynes, my current employer is in the North West. I am not able to take up the 6 month trial period in Milton Keynes as I will be on Mat leave, and would not be able to move there permanently at the end of my mat leave. If I was a "normal" employee I would be taking the redundancy package on 31st March but I don't know where I stand with having to factor in maternity pay/leave etc.

If I take redundancy on 31st March will I still get paid all of my maternity pay? Would it be a lump sum?

Also, I have to take all my 2013 A/L before starting maternity leave. This is approx 30 days. However if my contract is ending on 31st March would I only be entitled to 3 month's leave instead of the full year?

Anyone got any ideas on this subject?

Thanks in anticipation!

If you are being TUPE'd over, where does the six month trial period come in?

If you are redundant on 31 March you will still get SMP, assuming you are entitled to it. You will not be entitled to anything your company offers over and above SMP although this is sometimes part of a redundancy package, as your employment is ending through no fault of your own. You'll need to ask what will be happening about that.

You only accrue holiday up to and including your termination date.

Oh sorry, didn't answer lump sum question. Again you'd need to ask them what they will do.

hi, thanks for responses so far.

TheDoctrineOfSnatch Because of the distance there is a 6 month trial period for people to go to Milton Keynes (with paid travel expenses) to decide if it is workable for them before the either decide to commute permanently, relocate or take redundancy.

flowery asked HR today and they didn't seem to know what would happen to me as I'm a "special" case!

course you're special. But basically in terms of any enhanced mat pay or whether to pay you in a lump, it's up to them.

thanks flowery

Flowery knows much more than me. But wouldn't the six month trial commuting period still be available after you returned from ML? Or do you not want to do this anyway even if legally it is an option?

I'm not sure if it would or not, that will be one of my first questions once I can get to speak to someone who has half an idea what the implications are for me! Part of me doesn't want to do it because I was in two minds whether to return to work after M/L anyway so this way I'll get a redundancy payout rather than just resigning at the end of M/L and getting nothing IYSWIM

I think you could justifiably ask for a trial period on your return from maternity leave if you wanted one - sorry I didn't mention it because it didn't sound like something you were interested in doing.

no need to apologise!