21 weeks Pregnant and Redundancy - Company entered into Administration

[TatiBuz]

The company he worked for closed due to financial problems and was transferred to an administrator. All were made Redundancy.

Dear mums,

I am 21 weeks pregnant and I was made redundant. The redundancy process started. I was wondering if anyone has had similar experience?

Can I be made redundant before I complete 25 weeks pregnant?

Can I ask Maternity Allowance, what the difference between Maternity Leave? Will I receive less months?

How long does a redundancy process take and how might it be different for pregnant women?

What is the best course of action now? Any other advice?

• They said they not have money for pay for this 19 days that we worked this month.
• Thank you!

[clarrylove]

If the administrator cannot pay you outstanding monies, you can claim off the government.

[TatiBuz]

@clarrylove

If the administrator cannot pay you outstanding monies, you can claim off the government.

Thanks. But how to do that?

[Mrsttcno1]

Hi OP, first of all I’m so sorry you’re going through this it must be so stressful!

To answer your questions, yes, you can be made redundant and your pregnancy has no impact whatsoever on your redundancy. How long the process takes depends on the administrator but I assume you have been made redundant as of now, yes?

It doesn’t take any longer or go any quicker due to pregnancy, as these are genuine redundancies due to financial difficulty your pregnancy is actually irrelevant to your redundancy.

If they can’t pay you then as previous poster says you can claim the amount owed from the government but that will take time as you need a code, usually given by the administrators, to apply for this and it can take around 4 weeks.

Maternity Allowance is still payable for 39 weeks the same as Maternity Pay, the biggest difference between them is that with Maternity Pay you would have got 6 weeks at 90% of your pay. With Maternity Allowance you won’t get that, it’s just 39 weeks at (I think) £170 ish a week, as long as you are eligible x

[TatiBuz]

@Mrsttcno1

Hi OP, first of all I’m so sorry you’re going through this it must be so stressful!

To answer your questions, yes, you can be made redundant and your pregnancy has no impact whatsoever on your redundancy. How long the process takes depends on the administrator but I assume you have been made redundant as of now, yes?

It doesn’t take any longer or go any quicker due to pregnancy, as these are genuine redundancies due to financial difficulty your pregnancy is actually irrelevant to your redundancy.

If they can’t pay you then as previous poster says you can claim the amount owed from the government but that will take time as you need a code, usually given by the administrators, to apply for this and it can take around 4 weeks.

Maternity Allowance is still payable for 39 weeks the same as Maternity Pay, the biggest difference between them is that with Maternity Pay you would have got 6 weeks at 90% of your pay. With Maternity Allowance you won’t get that, it’s just 39 weeks at (I think) £170 ish a week, as long as you are eligible x

Do you know if I starting work in another company before 25 weeks I can change for Maternity Leave? Thanks

[Propertylover]

@TatiBuz

I am sorry you are in this situation.

Firstly you need to claim universal credit so you have some income.
https://www.gov.uk/universal-creditl

You can claim Maternity Allowance here https://www.gov.uk/maternity-allowance/how-to-claim

If you get a new job you will be entitled to statutory maternity leave but not statutory maternity pay because you don’t meet the eligibility criteria. https://www.gov.uk/maternity-pay-leave/eligibility

You also need to follow up your redundancy pay entitlements. https://www.gov.uk/your-rights-if-your-employer-is-insolvent/what-you-can-get

Hope this helps.

[Mrsttcno1]

@TatiBuz

Do you know if I starting work in another company before 25 weeks I can change for Maternity Leave? Thanks

It won’t make any difference to your pay no, as getting a new job now at 21 weeks, even if you started it tomorrow, you would not meet the criteria for Statutory Maternity Pay x

[TatiBuz]

@Mrsttcno1

It won’t make any difference to your pay no, as getting a new job now at 21 weeks, even if you started it tomorrow, you would not meet the criteria for Statutory Maternity Pay x

If I starting before complete 26 weeks what will change? Money?

[TatiBuz]

@Propertylover

@TatiBuz

I am sorry you are in this situation.

Firstly you need to claim universal credit so you have some income.
https://www.gov.uk/universal-creditl

You can claim Maternity Allowance here https://www.gov.uk/maternity-allowance/how-to-claim

If you get a new job you will be entitled to statutory maternity leave but not statutory maternity pay because you don’t meet the eligibility criteria. https://www.gov.uk/maternity-pay-leave/eligibility

You also need to follow up your redundancy pay entitlements. https://www.gov.uk/your-rights-if-your-employer-is-insolvent/what-you-can-get

Hope this helps.

Thanks for that. A question. You said if I got a job before 25 weeks for example I will continue receiving Maternity Allowance, not Maternity Pay. Do you mean about the value that I will receive, right? But I will have Maternity Allowance that means the time that I will get off for take care of baby. Am I right?

[RoseAndRose]

@TatiBuz

If I starting before complete 26 weeks what will change? Money?

To claim SMP you have to have worked for the employer for at least 6 month before the Qualifying Week (which is 15th week before due date - ie week 25)

So you will be ineligible for SMP from a new employer, but you would still get MA

[RoseAndRose]

Sorry cross post. Yes, you still get the time off and the right to return

[Propertylover]

@TatiBuz irrespective of how long you have worked for an employer you are entitled to statutory maternity leave of 12 months.

You cannot now meet the eligibility requirements for Statutory Maternity pay. So you will need to claim Maternity Allowance which is 39 weeks.

[TatiBuz]

I just thinking...I was made redundancy wit 21 weeks. Can I add the time of my notice, that is 5 weeks, to complete 25 weeks pregnancy?

[Propertylover]

@TatiBuz You meed to ask an employment lawyer.

I think you have to work on the basis you won’t get SMP. You will get 39 weeks MA.

I am sorry.

[Mrsttcno1]

@TatiBuz

I just thinking...I was made redundancy wit 21 weeks. Can I add the time of my notice, that is 5 weeks, to complete 25 weeks pregnancy?

How long have you worked for this employer?

It wouldn’t be based on your contractual notice it would be based in your statutory notice, but even then no I don’t think this applies for redundancy as you have already been notified you are done.

[TatiBuz]

@Mrsttcno1

How long have you worked for this employer?

It wouldn’t be based on your contractual notice it would be based in your statutory notice, but even then no I don’t think this applies for redundancy as you have already been notified you are done.

4 years and 3 months.
I get it.

[Mrsttcno1]

Maybe give ACAS/Pregnant and Screwed a call to check, but I don’t think your notice will make you entitled to SMP unfortunately. You will get Maternity Allowance instead though x

[prh47bridge]

@TatiBuz

I just thinking...I was made redundancy wit 21 weeks. Can I add the time of my notice, that is 5 weeks, to complete 25 weeks pregnancy?

I believe the answer is no, but it makes little difference if your employer is in administration.

If your employer is in administration, any SMP will be paid by HMRC at £172.48 or 90% of your average weekly earnings (whichever is lower) for up to 39 weeks. If you are not entitled to SMP, you would receive Maternity Allowance which is paid at exactly the same rate.

If you are entitled to SMP from your employer and 90% of your weekly earnings is more than £172.48, you would have to lodge a claim with the administrators to cover the difference between what you get from HMRC and what you would have received from your employer for the first six weeks. However, it is likely that you would, at best, get only a small percentage of this, and you could get nothing at all.