Being made redundant while pregnant

[mendingheart]

Hi all,
Found out yesterday I'll be made redundant before EoY.

The company willing to keep me on until my due date to ensure I get SMP, redundancy payment etc.

Question is: if we set an end date to employment as the EDD of my baby, what happens with pay? Due date 16 December. If baby comes on 1 December for example will I get SMP or regular pay for the remaining period from 1-16 December?

I've been there 5 years so have quite a big notice period for years of service accrued.

Also, if they pay SMP over 39 weeks and keep me on payroll after 16 December. Do I get paid out for holidays over that period as well? Or should I advise them to give me a lump SMP payment if revenue agency advises this is OK.

If anyone has experience with this topic I'd leave to hear your comments.

I think SMP is paid from the date the baby is born. However, I am not sure how this is paid ie monthly or lump sum. I was made redundant during both my maternity leaves but at the end of my ML, hence not being sure, but I got a lump sum redundancy pay. The second employer arranged for me to see an employment lawyer at their cost to make sure I was happy with the arrangement.

You don’t need to stay employed that long to get SMP. Once you’ve met the criteria, ie at 25 weeks, you get it whether you’re still employed or not, unless you start working for someone else. But obviously if the date of termination is later, that’s better for you as you get full pay up until the date you start maternity leave.

If your baby arrives before you start maternity leave, your SMP will start the next day.

You won’t accrue holiday after your employment is ended, even though your employer still remains liable for your SMP.

It is common for obvious reasons for the employer to pay SMP in a lump sum rather than over the 39 weeks, but they don’t have to do this.

Thanks for the help all! I have another question. If they payout maternity in lump sum for 39 weeks and say I start working at 29 weeks. What happens?

You cease being entitled to SMP if you start working again so you would owe some of it back. I would expect that to be covered in the arrangements with your current employer if they do opt to pay it in a lump sum.