Redundancy on Maternity & SMP

[VelvetBow]

I've been on maternity leave since April 10th and baby arrived April 24th. We've been notified of the consultation beginning and that my role has scope to be affected. I am 100% sure my role will be out while I am on maternity leave as I am off until next April.

In regard to SMP, notice period, holiday accrued etc, will this all be paid in one lump sum or split across the months as SMP was originally intended to be? I ask because I am in receipt of a very small amount of top up universal credit which will become affected if I receive a lump sum of more than £6k. From what I can calculate with notice and holidays accrued in that maternity pay period it would be more than £6k lump sum so could affect UC.

Is this correct or could I still be paid every pay day until next February despite no longer being employed by the company? Is this standardised or something I'd need to ask HR about? Any information would be helpful!

Is there no suitable alternative vacancy they can offer you?

https://maternityaction.org.uk/advice/redundancy-during-pregnancy-and-maternity-leave/#:~:text=If%20I%20am%20made%20redundant,Maternity%20Pay%20for%2039%20weeks.

Even if your role is made redundant as a pregnant women or woman on maternity leave you are entitled to be offered suitable vacancies in not worse terms and conditions - even if there are better qualified candidates.

Is the company continuing to trade or is there a chance they will go into liquidation/administration?

The company is continuing to trade. They've basically acquired a new company and now have too many staff. I've come over from the new company in a bog standard customer service role and within 6 weeks of starting have gone off on maternity leave.

You should still be first in line to be considered for an alternative role as you are on maternity leave. Unless you want to leave

O didn't think you could be made redundant whilst on maternity leave ? How long have you worked there

The law says you can be made redundant on maternity leave providing it's a genuine redundancy and I've not been selected because I'm on maternity leave.

I've worked for the company that was acquired for just over two years and they've continued service so while I've on paper been there 2.4 years, I've only worked for the company itself in a team for 6 weeks pre-mat leave.

You have the right to be offered a suitable alternative vacancy (if there are any other suitable posts) if you are at risk of redundancy during maternity leave, adoption leave or shared parental leave. From April 2024 the right to be offered any other suitable roles is being extended to pregnancy and 18 months from your expected week of childbirth/date of birth or adoption. Check below to see if this extended redundancy protection period applies to you and what protection it provides.

If you are being made redundant and there are no suitable alternative vacancies, you may be entitled to redundancy pay and/or notice pay.

To answer your question they can pay SMP, annual leave etc. in one lump sum. You may be able to push it back by asking for your full notice period rather than PILON.

Thank you so much. Would it be HR I need to speak to if this is the case and I am made redundant.

Obviously I'd prefer to have a job to go back to next year so I'd love to be offered a suitable role but on the off chance I'm made redundant, I just wanted to plan.

@VelvetBow HR are the right people to talk to. You might want to phrase it as I really want to stay but just in case.