Redundancy before SMP deadline

[user1492964816]

Hi,

Just wondered if people could help me out. I’ve been told I’m at risk of redundancy (I think it’s just a case of going through a process and after the 4 weeks consultation I will be made redundant) however I’m 15 weeks pregnant - I’ve not told the employer yet as wanted to wait a few more weeks (I told them at 20 weeks first time round) as I’ve been there a while I also have a 12 week notice period but I’m not sure what they will make me work the whole thing. Should I be telling them I’m pregnant now? It won’t change the redundancy but for SMP reasons?- My notice period I think will push me into the qualifying period for SMP but if they say I can go without working it where do I stand there? If I don’t qualify for SMP can I claim anything else or just have to budget my redundancy pay? Thank you

You can claim Maternity allowance if you don't qualify for SMP.

I’m not an expert but I’d tell them as I’m pretty sure that would cover you from being made redundant for the whole of your pregnancy and may leave. There may be exemptions if your whole department is closing/entire job is disappearing so check that but if it’s a reduction in workforce type of thing then I’m pretty sure pregnancy will protect you. Tell them immediately before the consultation begins as it could make you top of the pile in terms of keeping your job.

This looks useful from the maternity action website:

Will I get paid notice if I am made redundant during pregnancy?

You are entitled to a paid notice period if you have been in your job for at least one month. The amount you get will depend on your contract of employment. You should check your contract or staff handbook to see how much notice your employer has to give. If nothing is mentioned, you will be entitled to the statutory notice which is one week’s paid notice after one month’s service and after two years’ service, a week’s notice for each year that you have worked for your employer, up to a maximum of 12 weeks.

Note:your employment actually ends at the end of the notice period (whether you have to work it or not) so that is when your redundancy takes effect. If you are still employed in all or part of your qualifying week (the 15thweek before your baby is due) you can still get SMP – see above on getting SMP.

If your employer gives you what is described as a ‘payment in lieu of notice’, your employment generally ends on that date. However, your employer can only make a ‘payment in lieu of notice’ if there is a clause in your contract which allows them to do so. If not, you are entitled to a period of paid notice and your contract of employment will end at the end of the notice period.

Thanks everyone. I think I may actually qualify For it, that’s made me feel a bit better, thank you

Do check though if being pregnant will work to your advantage here. Let them know on Monday your are pregnant and ask for that to be taken into consideration during the consultation period.