Advice needed!

[Chloe2018x]

Hello.

I'm hoping and praying that someone can provide me with some advice.

Basically I have been in my job for over 4 years and I was told recently that my job was going into consultation with the chance of redundancy. I am also nearly 7 months pregnant.

I understand that I won't receive any of my contractual maternity pay, however it was mentioned that my statutory maternity pay would be paid in one lump sum. I've spoken to the tax office and they've explained that they would take a massive chunk of tax, however I could claim this back 4 weeks after my last pay from my employer.

My question is then, obviously I could not return to work for 39 weeks, otherwise I would have to pay the SMP back. But when does the 39 weeks period start? From the 11th week my baby is due, the time I'm made employed or the date I was going to originally start maternity which was a week before my due date. I spoke to HM Revenue and the gentleman advised that it was the 11th week before my due date, but to me this doesn't sound right as I may still be employed for another month after that? So technically I was working?

I'm under so much stress and I'm a lone worker so I'm feeling really isolated at the moment.

Thanks in advance!

39 weeks is from the start of your ml, which is the date baby is born at the latest. If you found a job within those 39 weeks you would only repay anything due after then and keep whatever had accrued to date. If you are made redundant you are entitled to paid notice, statutory redundancy pay (which may be enhanced) and accrued holidays.

Okay thank you. The gentleman at HM Revenue advised that I could start my maternity 11 weeks before the baby's due date which would be August? Meaning I could return to work from May if needed? The only reason I'm confused by this, is the fact that I may still be working in my job until the end of the August potentially as they haven't served me my 1 months notice. So technically I was working at the time I started my maternity if that makes sense? I'm just so confused!!

I've contacted so many organisations for advice and feel like I haven't really got no where 😔 My last attempt is Maternity Action tomorrow, any suggestions would be appreciated. All I know is that I would be taxed 40% on the SMP which worries me as I would need to return back to work sooner maybe, which is fine, just when.

The proposed job that has been offered isn't suitable at all, its at least an hour drive each day with no traffic, £200+ a month in fuel and its working shifts 7am-12am Monday to Sunday. It's also only an extra £500 a year, where as I only work 8-4 Monday to Friday. I asked about flexible working and they advised that they wouldn't commit, just that I could reduce my hours upon my return from maternity.

Sorry I've actually repeated myself there in my second post. Lack of sleep and stress!

I've also queried with the Job Centre if there's anything else I may be entitled too, however they advised that I would need to make a claim after I've been made redundant.

If my calculations are right I would be taxed £2,590 on my SMP which is such a massive chunk but nothing I can do as apparently that's what the system will do if it's paid in one lump.

”The gentleman at HM Revenue advised that I could start my maternity 11 weeks before the baby's due date which would be August?...The only reason I'm confused by this, is the fact that I may still be working in my job until the end of the August potentially as they haven't served me my 1 months notice. So technically I was working at the time I started my maternity if that makes sense?”

I don’t understand the confusion. You can start maternity leave from 11 weeks before the baby is due, but that doesn’t mean you have to. If you’re not redundant by then and want to carry on working for a few more weeks, do that!

You will get the tax back (not the NI unfortunately). You may need to complete a tax return

I think the confusion is because I haven't been told otherwise that I could take my leave that early but it's definitely an option now I know and it's confirmed. I think I will work through until my notice has been given and start my maternity as soon as I'm made redundant.

Does your work offer any maternity pay above statutory pay? If so you should also get that as part of your settlement.

To work out the amount of tax you should be paying, put your year to date earnings plus smp into an online calculator. You can then check you haven't paid too much for the whole year. The timing of it in the tax year sounds like it shouldn't penalise you that much. You might need to ring hmrc for a refund if your employer gets it wrong though and treats it all as if it's extra income.

Yes they do but they've said I'm not entitled to it anymore 😔 So I lose 8 weeks full pay and 10 weeks half, I only qualify for SMP. I checked Maternity Actions and it states that this would end on the contract end date which surprise surprise is 5 days before I'm due to go on maternity. They advised that I can only still get this if I take the other job but I can't afford the £200+ petrol a month and the hours aren't child friendly. I would be travelling at least an hour a day too.

I'll have a look at that now, thank you x

Can you change your maternity start date to before the contract end date?

I'd consider getting advice on that as I was on a similar position but managed to get it. You should ask them to pay for legal advice so that you are all protected (or similar). My solicitor gave me a phone call for free so I knew I had grounds to contest my redundancy settlement.
Alternatively I agree, start your ml before redundancy starts if you can.