redundancy while on maternity leave - can anyone clarify?

[happynappies]

I'm about to begin maternity leave (well, I'm taking a few weeks annual leave, and will be starting mat. leave on 19 August). At work they are making redundancies, and my department have all been contacted to say that we are in one of the 'at risk' pools - one full-time member of staff needs to go from our team. We've had our first stage consultation meetings with the manager, and have all submitted a 'skills profile' which will be used to decide who will stay/go. All my colleagues keep saying I'm "safe" as they can't make someone redundant who is pg/on maternity leave, but I know that is not the case, and obviously isn't as I've been told I'm at risk, and have had my first stage meeting. Does anyone know what rights you have if you are made redundant while on maternity leave, do you still get SMP? I wouldn't be able to get a new job while on mat. leave... Am quite worried about what to do. Any advice? Thank you!

I don't know but my very best advice would be to contact the Citizen's Advice Beauro, they will support you through this and also confirm your legal rights in this situation.

My dad was threatened with redundancy this year with a 19k payout (he is unwell) by a company he has been working for nearly 40 years. He went to C.A.B and they advised him that they'd have to keep him on full wage (40k) sickness for at least year before they could even look at redundancy.

I know the appointments are really hard to get but it will be well worth it.

Holly x

Happynappies, if you are still employed by the time you are 25 weeks (even if you are working your notice) then you are entitled to SMP from your employer. It doesn't matter if you resign after that or they make you redundant etc, you are still entitled to the SMP.

If your employer pays an enhanced maternity package then your entitlement to that will cease when your contract of employment does.

As far as redundancy goes, you can be made redundant whilst pg or on mat leave, but it cannot be for any reason connected with your pregnancy or maternity. Once on leave, you have a little extra protection compared to your colleagues (Regulation 10), but it doesn't prevent redundancy.