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SMp/redudancy, new job

4 replies

Jeni110 · 04/05/2018 20:21

I’m 6 months pregnant, I’ve not long been told the company is making no the entire office redundant. I’ve been employed with company 4 years so will get SMP and so should get redundancy pay. I’ve secured a new job to start after my maternity leave in May 2019. I was guessing by then I would have been made redundant. However the new job have now asked if I can hand my notice in now, so my start date is this year so I can get paid for keep in touch days even though I wouldn’t formally start until May 2019. If I do this however will I forfeit my rights to smp from my old employer even though I wouldn’t Be getting paid from my new employer and is there any chance I can enter into the new contact and not hand in my notice from my current job in the hope I get made redundant before May 2019?

OP posts:
flowery · 04/05/2018 21:35

”the new job have now asked if I can hand my notice in now, so I can get paid for keep in touch days...If I do this however will I forfeit my rights to smp from my old employer even though I wouldn’t Be getting paid from my new employer”

Would you be getting paid by your new employer or not?! You say first they want you to resign so they can pay you, but then you say you wouldn’t be getting paid. Which is it?

Once you start work for a new employer you forfeit your right to SMP. So you couldn’t do keeping in touch days with your new employer without losing your SMP. You also can’t “enter the new contact and not hand in my notice from my current job“. You’d lose your SMP and I’m pretty sure your current employer would have something to say about it.

If it’s only a case of doing a few days over the coming year, and you won’t start until May 2019, why is it so important? Either just start in May 2019 as planned, or maybe go into your new employer for a couple of days on a voluntary basis during your maternity leave.

Jeni110 · 04/05/2018 22:50

Yes I would only get paid
For the keep in touch days with the new employer, tbh I’m unsure why they want me to enter a contract this year when I’m not due to start until May 2019. I think I will do what u suggest and advise I’m willing to do the kit days for voluntarily!

OP posts:
Jeni110 · 04/05/2018 22:53

As a side comment tho I can’t belive how unfair it is that I’m
Not able to Resign from my old employer and still receive smp as I wouldn’t be getting this from my new employer. I thought once you qualified for it u was entitled to it

OP posts:
flowery · 05/05/2018 05:47

You are allowed to resign from your old employer and still get SMP. But SMP stops as soon as you go back to work, either for your old employer or for a new employer.

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