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

[FirstPregnancyWoman]

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

Of course they cannot terminate your employment “at discretion” they need to abide by employment law. But it sounds like they are, redundancy is a fair reason for dismissal.

@Overthebow how would that be fair? Other people are not pregnant and can easily get a job, I will be giving birth. The least they could do is keep me for my notice period until I qualify for maternity pay

That isn’t their problem though. As long as they are treating everyone the same and fairly then it’s ok, but if they are singling you out and treating you differently then you could have a case that they are treating you differently because you’re pregnant. Do you know if they are paying in Leo of notice for everyone?

@Overthebow acas has backed me up on this, if I ask to work my notice to qualify for SMP and they refuse with payment in lieu, it can be seen as unfavourable treatment.

Great news! Well done OP.

I work in HR, I cannot imagine being this callous to an employee!

@Ickystickystickystickybubblegum you seem such a nice HR person who cares about employees! All the HR people I have dealt with only protect the business/companies and don't give two s**ts about employees! They wanted to start the redundancy process the day after they told me I was at risk of redundancy and I told them I was pregnant!