Redundancy and Maternity benefits

[MaggieW]

There's a high chance I'll be made redundant at the end of next month on the latest round of cuts at work. I'm 22 weeks pregnant, due mid-June, and don't know how being made redundant affects maternity benefits, esp under the new legislation. Can anyone help please?

Maggiew - best of luck. Same happened to me over the summer when I was also 6 months pregnant. It all depends on how long you've been there, how long your notice period is, what the company's enhanced maternity policy is etc etc. Basically, to get statutory maternity pay you have to be an employee 15 wks before your due date, and 11 weeks before your due date to get enhanced maternity pay (if your employer has this). Also, you should check whether you have a case for arguing you were only made redundant because of your pregnancy. I found the Maternity Alliance information (you can get it on the web - not too good at posting links I'm afraid!) really useful and they have a number you can call. Also more than happy to share what I've learned - though I had to resort to taking them to a tribunal and have my first hearing this Thursday so we'll see what happens!

Thanks for that - no it's definitely not because I'm pregnant, so no worries there. I've been there 12 years and if not made redundant am due to receive full pay for 18 weeks and stat for further 8 weeks, but just not sure what happens if it all does end in redundancy in March. Will check mat alliance site though.

Hi Maggie, this has happened to me! My baby due on 6th March and redundancy happening on 31st March. Terrific isn't it. In my experience when redundancy date arrives your entitlement to extra maternity pay (ie. your salary, not the basic £100 per week you will get as Stat. mat pay) will stop as of that date but you have been employed long enough to qualify for SMP for however many weeks remain of the 26week period. Have you given in your MATB1 form from midwife yet? Scrutinise your company's mat policy and get advice from a union if you are a member. And would agree that Mat. Alliance's leaflet specifically on maternity and redundancy is very useful. It is very confusing I know. Needless to say keep copies off all letters / e-mails from your company as they can be a bit ruthless if they think they can get away with it and the last thing you need is any more stress at this time. Let us know how you get on

munchbunch, hope it went well yesterday - are you able to give us an outline of the claim and the decision?

sis - thanks for asking. It was a pre-hearing, so no decisions, but I got to meet the other side's lawyers and am hoping that we will settle pre the final hearing which is now scheduled for June (a year after I left!).

The claim is basically about EMP - had been there long enough to trigger payment and originally they said they would honour EMP, but then reneged and basically decided to offset EMP with my notice period. It's all very complex and a lot of pregnant women were pretty p'd off but did nothing as they were closer to their due date than I was and had better things to think about! Plus dh had just been made redundant so the money was pretty important. Also, I was 6m at the time so obviously couldnt' get another job.

Any advice re final hearing (if you've gone through something similar) much appreciated

muchbunch, good luck. I took an employer to tribunal, is that what you're going to when you talk about the final hearing? My advice is:

Read ALL the papers beforehand as thoroughly as possible. If it was a year ago you may not remember key things otherwise.
Make sure you have a good idea of what their case is. Your solicitor should know and it helps you to be aware of where they might be going with their questions.
Stay calm and polite at all costs. This may be hard. The other side will do their best to rile you IME.
Call the tribunal chair Sir or Madam (I was told to anyway and it really stuck in my throat but I did it)
If you can't remember or don't know, say so, don't even think about fudging it - they will notice!
Remember you can pass notes to your barrister if you think of something you want asked in the light of what the other side are saying while they're up there.
I hope they settle before you get to this though, good luck! Will post more if I think of anything. HTH.

I dont think they can make you redundant knowing you are pregnant but dont quote me on this ... they can do it after you go back to work but not on the grounds of you having been off on maternity leave. Log onto the Citizen Advice Bureau for more accurate information and good luck.

munchbunch, I don't have any advice based on personal experience re: the full hearing, but my job involves employment law, so, a subject close to my heart.

Are you being represented by a lawyer at the hearing or are you going to represent yourself? Have ACAS made contact yet (they definately should have)? Don't worry if you are not represented by lawyers as tribunals tend to be helpful to those representing themselves and will make allowances for lack of familiarity with the legal system.

Are your ex-employers represented by lawyers? if so, it is a good negotiating tool to point out that they would save the cost of legal fees if they settled before the hearing.

Keep us updated and I hope you get the money soon.

Sis - thanks for the post. I'm not being represented as I can't afford it and the claim isn't worth that much (relatively!) that would be worth instructing expensive London solicitors. However, am getting some help from my dad who has a legal background. Re ACAS, they have been in touch,and am waiting to hear if they come back to me after last week's pre trial hearing. I agree absolutely re your point about the other side incurring legal costs, a point I have made to them several times, but for the time being, just have to sit tight! Thanks anyway for your interest and advice