Maternity, redundancy, notice periods etc, please advise!

[spilttheteaagain]

Slightly hypothetical situation as I'm not actually pregnant yet but ttc. There is a distinct possibility that I will be made redundant somewhen between Christmas this year and April/May time next year (massive company doing strategic site closures so a lot of time warning being given).

Basic facts:
-My employer's maternity policy gives 18 weeks full pay, followed by SMP.
-My notice period is 3 months. If I am being made redundant then they will give an initial Displacement notice of at least 30 days, followed either by 3 months notice or PILON.
-I am entitled to 7 weeks pay as my redundancy payout.

What is the situation with respect to maternity?

I understand that to qualify for SMP you have to be employed up to your 25th week of pregnancy. If I am made redundant after 25 weeks, but before commencing maternity leave, presumably I am entitled to SMP? Are they obliged to pay the enhanced package including the 18 weeks full pay, or would I only be entitled to basic SMP?

What happens if I am on my notice period when I reach 25 weeks? Does that still entitle me to SMP?

If they chose to pay me off early using PILON, and did not let me serve my 3 months notice and that meant that I wasn't employed by 25 weeks, but would have been if I'd worked my notice, what happens then?

If I am on maternity leave and given notice, do I get 3 months notice paid at my full wage rather than just at SMP? Or do you miss out on your full pay?

And if made redundant when on mat leave, do they have to pay me annual leave accrued whilst on maternity, at full pay rate, in addition to my redundancy pay out?

Thanks for all help, I'm just trying to understand all the implications of continuing ttc with this uncertainty!

bump?
Any of the experts around?

One last bump...

There are a lot of depends.

Simple is you get made redundant. You work your notice to say week 27 of pregnancy.

Your covered for SMP. They are not required to pay enhanced maternity as your notice period is for termination of the contract so at the final date your contract is terminated.

The same would go for if you were made redundant while on enhanced maternity. THat would end when your notice finished.

With regards to PILON generally your contract is ended earlier. So if 3 months PILON is paid at week 13 you will be judges as being employed upto week 13 not 26.

Now if you ask nicely and they are making redundancies you can say that you'd like to be made redundant at 26 in this case. Its not a legal right but HR would understand and if it doesn't cost them any money they might (just might) grant it so you get SMP.

Hi there,

Just to add to the above that if you are on mat leave on the date when your redundancy would come into effect AND there is a 'suitable alternative vacancy' in offer (ie. a job not too dissimilar to what you are doing and on similar terms and conditions), then by law you must be offered that role. Without the need to go into interviews, etc. This is a legal right as part of something called Maternity & Paternity Working Regulations 1999 or the like (I am quoting from memory). I am not suggesting that you fall pregnant now to protect yourself, but if you happened to be pregnant, then best to know your rights. There is a charity called Working Families and I found their advice very helpful.

Thanks both, I appreciate there's a lot of if's and but's. Tis a nightmare to be honest havng so much uncertainty.

FutureMum, I think what you're referring to is commonly known as Regulation 10, and is certainly something to bear in mind. In fairness, it's unlikely for me to be practical to return to that particular company after having children (too far, too early a start etc for not enough cash!) so I'll probably be looking elsewhere. I'm more concerned about not losing out on maternity pay by a few weeks.

Ultimate fall back is Maternity Allowance if I lose my job too early to qualify for SMP. And since Seeyouokay has clarified that I wouldn't get enhanced pay after my contract is ended, then MA is not really any worse.

Thank you both, you've resolved a few bits for me. Much appreciated.