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Original poster

Redundancy - Refusing payment in lieu of notice to qualify for SMP

31 replies

FirstPregnancyWoman · 13/08/2023 14:15

Can anyone here (lawyers or HR) please let me know if in a situation of redundancy I can refuse payment in lieu of notice and instead work my notice period so that I am still under employment in my qualifying week for SMP (15th week before due date?)

I am currently screwed as my employer operates a payment in lieu policy. Also, I found out don't qualify for maternity allowance either.

Many thanks

OP posts:
bookgirl1982 · 13/08/2023 14:25

Does your contract include a right for the employer to pay in lieu? If so, you have to negotiate. If there is no specific provision then they should seek your agreement. Remember it is more expensive for you to work your notice because you accrue holiday and pensions etc continue, so it's not in the employers interest to keep you on.

dementedpixie · 13/08/2023 14:36

Why do you not qualify for maternity allowance?

Original poster
FirstPregnancyWoman · 13/08/2023 17:30

@bookgirl1982

Thank you - yes payment in lieu is in my contract. My question - can I request to work my notice period to qualify for my SMP (15 week from due date)? And if they they say no, can I put a claim on HMRC saying that they denied it so that they don't pay my SMP?

OP posts:
Overthebow · 13/08/2023 17:33

FirstPregnancyWoman · 13/08/2023 17:30

@bookgirl1982

Thank you - yes payment in lieu is in my contract. My question - can I request to work my notice period to qualify for my SMP (15 week from due date)? And if they they say no, can I put a claim on HMRC saying that they denied it so that they don't pay my SMP?

If it’s in your contract I don’t think you’d be able to claim that they denied it to not pay your SMP. It would be the same for everyone so you wouldn’t be being treated differently for them to avoid paying it.

HermioneWeasley · 13/08/2023 17:37

You can ask them, but if it’s in your contract they can enforce pay in lieu

LIZS · 13/08/2023 17:43

Suggest you ask ACAS

caerdydd12 · 13/08/2023 17:51

Why do you not think you qualify for maternity allowance?

PinkFrogss · 13/08/2023 18:04

How could you be eligible for MA but not SMP?

Cowlover89 · 13/08/2023 18:08

You should be able to claim MA

dementedpixie · 13/08/2023 18:08

PinkFrogss · 13/08/2023 18:04

How could you be eligible for MA but not SMP?

Maternity Allowance has different eligibility criteria so if you don't qualify for SMP then you can usually claim MA

dementedpixie · 13/08/2023 18:09

Eligibility

You can get Maternity Allowance for 39 weeks if in the 66 weeks before your baby’s due, you’ve been:

  • employed or registered as self-employed for at least 26 weeks
  • earning (or classed as earning) £30 a week or more in at least 13 weeks - the weeks do not have to be together

You may still qualify if you’ve recently stopped working. It does not matter if you had different jobs or periods of unemployment.

jods19 · 13/08/2023 18:09

I'm pretty sure they can't let you go if you're pregnant! I've started doing research because I'm looking at starting a family

dementedpixie · 13/08/2023 18:11

You can certainly be made redundant while pregnant in some circumstances

socialdilemmawhattodo · 13/08/2023 18:11

jods19 · 13/08/2023 18:09

I'm pretty sure they can't let you go if you're pregnant! I've started doing research because I'm looking at starting a family

Yes of course they can (in UK). It just can't be the reason that only you are let go.

caerdydd12 · 13/08/2023 18:17

OP has another thread running, the company is making redundancies. Nothing on the other post indicates it's been done any way other than legally.

Bankholidayboredom23 · 13/08/2023 18:27

If you don't have enough qualifying weeks for MA can you try and seek some temp work. I had redundancy at 4 months and temped until 8 months. Appreciate I was lucky to be healthy throughout the pregnancy to do it.

PinkFrogss · 13/08/2023 18:30

dementedpixie · 13/08/2023 18:08

Maternity Allowance has different eligibility criteria so if you don't qualify for SMP then you can usually claim MA

Show quote history

Oops sorry meant the other way round! It’s much easier to qualify for MA, so I don’t understand how you could qualify for SMP but not MA!

Need to think when I type clearly Grin

ForeverWinter · 13/08/2023 18:31

jods19 · 13/08/2023 18:09

I'm pretty sure they can't let you go if you're pregnant! I've started doing research because I'm looking at starting a family

It's true they can't make you redundant/let you go because you are pregnant. But a company is well within it's rights to make you redundant/let you go if there are genuine circumstances (ie restructuring, financial reasons) then they can. There are more protections but as long as a legal and fair process is followed they can

Ickystickystickystickybubblegum · 13/08/2023 18:38

Your best bet is to have a frank conversation with HR. Tell them that you are going to be left very exposed financially as you will struggle to find secure work while pregnant.

You can only ask.

AnSolas · 13/08/2023 18:48

Are you being paid extra or just the standard redundancy?
If being paid more can you ask for gardening leave?

Original poster
FirstPregnancyWoman · 13/08/2023 19:16

@AnSolas

Standard redundancy...

OP posts:
Original poster
FirstPregnancyWoman · 13/08/2023 19:19

@Ickystickystickystickybubblegum

They don't care about employees, we are just treated like numbers...

They wanted to start the consultation process the day after they told me I was at risk of redundancy and I told them I was pregnat...

OP posts:
Original poster
FirstPregnancyWoman · 13/08/2023 19:22

@dementedpixie there might have been a glitch in the HMRC calculator site, which stated I was not qualifying for maternity allowance...I have tried redoing it, and it looks like I do qualify

OP posts:
Original poster
FirstPregnancyWoman · 13/08/2023 19:29

@Overthebow It states in my contract that it might terminate my employment 'in its discretion'...

OP posts: