Redundancy whilst on maternity leave

[clarkey99]

My partner has just started maternity leave, She has worked for a company for 8 years, 5 years fulltime & last 3 years part time as we have a daughter. There is a possibility that her branch may close in the coming months and its likely she could be made redundant. There is not another branch local even if there were to offer her another position (very unlikey as other branches have closed and nobody was offered an opportunity to go to another branch). Where does she stand if she is made redundant whilst on maternity leave? Do they just cough up redundancy money then stop the maternity pay? Advice most welcome.

[Sidewinder]

First of all, your partner is still entitled to the same consideration for consultation and selection irrespective of the fact that she is on maternity leave. Failure to do this would amount to unfair dismissal. She must also be offered any alternative position available. The employer will have to be especially careful as the slightest breach of procedure or slip up can lead to you having a very plausible case for sex discrimination.

Regarding payment, it is important to read her contract carefully, as some contracts will have specific sections relating to maternity payments. Don't forget that during Ordinary Maternity Leave she still accrues holiday in line with her contract, so this would have to be paid in addition to any redundancy and paid notice due. She is also entitled to receive the full amount of Statutory Maternity Pay - not just the amount up to the date of redundancy.

Therefore, assuming that the worst happens and the office closes during her maternity leave, and there is no suitable alternative job available, she will be due any remaining SMP up to 39 weeks, 8 (or 9 if the closure occurs after she has completed 9 years service) weeks pay in lieu of notice, 8 (or 9) weeks redundancy pay (capped at a maximum of £330 per week if she earns more than this) and any outstanding holiday, calculated up to the date of redundancy.

[clarkey99]

Thank you...you have been vey helpful !

[joe1412]

My wife has been informed that she is to be made redundant whilst on maternity leave and has had an initial meeting with her employers. She was informed that her 3 months notice would be paid at the current maternity pay which is statutory. Considering that this is lower than her usual salary this seems unfair. The advice online is generally confusing on this matter and the HR manager said they called acas and inland revenue who gave them that advice.

The company are making a large number of other empoyee's redundant due to their financial situation.

Any advice would be much appreciated.