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MightyQuin
Beginner

Any HR/employment law types about?

MightyQuin, 1 May, 2009 at 07:42 Posted on Off Topic Posts 0 9

I need some help to try and understand my rights.

I found out yesterday that I am at risk of redundancy, if I do go it will be on 31st July when I will be 29 weeks pregnant.

They've offered me a package which includes 4 weeks base salary, an ex gratia payment which is basically the same again, plus payment in lieu of notice. I think from what I've read on the government website that as I will have passed the 15th week before EDD by the time I leave, that they will have to pay me my statutory maternity pay, but the consultant who's handling all the redundancies seems to think that that's not the case.

Now before I go into my consultation meeting next week I want to be sure where I stand on this - am I entitled to maternity pay on top of what they're offering, or does the fact that it's quite a reasonable package negate my rights to the SMP?

Have to leave for work soon but I will check back later.

9 replies

Latest activity by MightyQuin, 1 May, 2009 at 12:52
  • Mrs Winkle
    Beginner May 2007
    Mrs Winkle ·
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    As long as you have worked there for more than 26 weeks+ at the time of your EDD and have earned more than (I think this is the right figure) £95 per week, the law is that you would get SMP as you are being made redundant after the qualifying period, which is 15 weeks before your EDD. And you'll need to let them know at your consultation meeting that you want SMP as they need 28 days notice. Have you given your employer your MAT1 form? If not, do so as they'll need that in order to pay you.

    Sorry to hear you're losing your job - we're going through consultation at the moment and it's very stressful.

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  • NickJ
    Beginner
    NickJ ·
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    Mrsw, would it not be maternity allowance rather than smp?

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  • Quincy
    Beginner July 2007
    Quincy ·
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    View quoted message

    Not MrsW obviously, but it would be SMP paid by the company as opposed to MA paid by the benefits office.

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  • NickJ
    Beginner
    NickJ ·
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    Really? even though she s being made redundant? i asked because i wasnt sure, but i did think it would be MA

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  • C
    Beginner May 2003
    Cazzyg ·
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    If you are still employed by the company in the 15th week before your due date, then you qualify for SMP, even if you are subsequently made redundant.

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  • Mal
    Expert January 2018
    Mal ·
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    I was made redundant when i was about 5/6 months and received all my maternity pay in a lump sum. I also had the option of a monthly payment but decided against that.

    Had the company been unable to pay me then I could have applied for MA for the whole period and the government would have payed me directly.

    But this was 2 years ago so things could have changed.

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  • NickJ
    Beginner
    NickJ ·
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    Ok have just checked, mrsw is right, its smp

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  • Mrs Winkle
    Beginner May 2007
    Mrs Winkle ·
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    I do know what I'm talking about you know ?

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  • Stargazerlily2626
    Beginner
    Stargazerlily2626 ·
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    Mrs W is entirely right as SMP entitlement arises by virtue of you being employed during the qualifying period not at the date you go on maternity leave. Good luck with your meeting.

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  • MightyQuin
    Beginner
    MightyQuin ·
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    Thank you everybody for your replies, it sounds good for me then - H has also been to the CAB this morning and they are doing a bit more research for him but they seem to think pretty much the same thing.

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