Pregnancy, redundancy, SMP

[cherry2012]

I am pregnant and being made redundant. My qualifying week will fall within my notice period (if I choose to work this). Will I still be entitled to SMP? If so, am I also entitled to any other benefits such as accrued annual leave for the SMP period, keeping in touch days etc. Thanks for any advice!

[postggj]

is it you or your job description that is being made redundant

[cherry2012]

The post is being made redundant. Difficult to prove any discrimination on grounds of pregnancy as all seems above board.

[postggj]

i agree but have they offered you any allternative employment within the business is the key

[cherry2012]

Alternative employment is being sought but, given an organisation-wide recruitment freeze as well as the specialist nature of my role and experience, unlikely. I need to plan for worst case scenario, hence the need to know whether I will qualify for SMP. I can then negotiate from that basis.

[elche]

Hi Cherry,

 

Congratulations on the pregnancy, and sorry to hear about the redundancy.

 

This question came up at work and I know that we have looked at this before on a thread here http://www.consumeractiongroup.co.uk/forum/showthread.php?174110-Advice-request-Pregnancy-impending-redundancy-amp-maternity

 

As regards your right to SMP

 

What is your expected EWC - if you don't have that yet (Midwife Matb1 form) just a guess will do for now?

 

I think you will be entitled to SMP, provided you, "...worked for the employer continuously for at least 26 weeks, ending with the qualifying week, ie the 15th week before the expected week of childbirth ('EWC'). And of course you had to have be earning at least £107 per week.

 

Now I think we may also need to work out your effective date of termination, but if you are working your notice period it may well be the last day worked, provided sufficient notice was given.

 

Now my understanding is that if you do satisfy the statutory scheme as above you would continue to be entitled to SMP even if subsequently made redundant. However, this would not mean that holiday pay or right to KIT days etc will continue to accrue during the SMP pay period as your EDT could pre-date this, and thus the contract of employment would have ended.

 

Hope this makes sense.

 

Che

Edited July 5, 2012 by elche
typo 15 to 11

[mariefab]

If you can choose whether or not to work your notice period, I suggest that you work it to ensure that you are still employed during your qualifying week.

Assuming that you meet all the other criteria you should then receive SMP from the 11th week before your EWC.

If you take PILON instead this would usually mean that the effective date of the termination of your employment would be your last working day, so you wouldn't qualify for SMP.

 

http://www.hmrc.gov.uk/helpsheets/e15.pdf

[elche]

If you take PILON instead this would usually mean that the effective date of the termination of your employment would be your last working day, so you wouldn't qualify for SMP.http://www.hmrc.gov.uk/helpsheets/e15.pdf

 

This is an important point and I agree with mf.

 

Of course even if your EDT were brought forward via PILON, and this was done deliberately to prevent you getting SMP and this didn't happen to non-pregnant employees then this could be discrim.

 

In any event, if you have been working fairly regularly from memory there is a benefit called Maternity Allowance

 

Some people who do not qualify for SMP will qualify for Maternity Allowance. MA covers the self-employed and people with insufficient qualifying service to get SMP.

The amount of MA is currently £135.45 per week (with effect from 9 April 2012, previously £128.73 from 12 April 2011) or (if lower) 90% of the employee's normal weekly earnings, and is payable for up to 39 weeks. To qualify for MA, employees must:

Social Security Benefits Up-rating Order 2012,

 

• •have become pregnant and reached, or been confined before reaching, the commencement of the 11th week before the expected week of confinement
  
• •have been engaged in employment as an employed or self-employed earner for any fraction of the week, in at least 26 of the 66 weeks immediately preceding her expected week of confinement
  
• •have average weekly earnings which are not less than the maternity allowance threshold for the relevant tax year (currently £30)
  
• •not be entitled to statutory maternity pay for the same week in respect of the same pregnancy
  

 

Che

[Lowesm]

Hello , sorry I dont want to jump on someone else's thread, but wasn't sure where to post!

I am currently on maternity leave (18 weeks in) and yesterday I had a meeting with my manager regarding redundancy.

It's all above board as they are closing the office down.

I have been offered to continue working in a different office, but this is more than an hours drive from my home. If I cannot do this, they've offered me redundancy.

I've worked for the company for 5 years and they have said I would be entitled to 5 weeks pay, plus 5 weeks paid notice and my holiday entitlement paid! I think I read that they also need to carry on with the SMP, is this true?

They've told me I need to let them know my decision by next Friday, but I've not had anything in writing.

Since yesterday I've applied for another job and have an interview next week.

I was wondering how this would affect redundancy/SMP?

 

Thank you x

[Alipeeps]

Hello , sorry I dont want to jump on someone else's thread, but wasn't sure where to post!

I am currently on maternity leave (18 weeks in) and yesterday I had a meeting with my manager regarding redundancy.

It's all above board as they are closing the office down.

I have been offered to continue working in a different office, but this is more than an hours drive from my home. If I cannot do this, they've offered me redundancy.

I've worked for the company for 5 years and they have said I would be entitled to 5 weeks pay, plus 5 weeks paid notice and my holiday entitlement paid! I think I read that they also need to carry on with the SMP, is this true?

They've told me I need to let them know my decision by next Friday, but I've not had anything in writing.

Since yesterday I've applied for another job and have an interview next week.

I was wondering how this would affect redundancy/SMP?

 

Thank you x

 

They would have to continue to pay your SMP, yes. However, whilst on materity leave and receiving SMP, you cannot do any paid work (other than up to 10 "keeping in touch" days in your current role), otherwise you lose your entitlement to SMP. So I hope the company you are interviewing at next week are aware that you are on maternity leave and will, if you get the job, not be able to start until your leave is over? If you do decide to finish your maternity leave early and start a new job, your SMP from your previous job will cease.

[Alipeeps]

In any event, if you have been working fairly regularly from memory there is a benefit called Maternity Allowance

 

Some people who do not qualify for SMP will qualify for Maternity Allowance. MA covers the self-employed and people with insufficient qualifying service to get SMP.

The amount of MA is currently £135.45 per week (with effect from 9 April 2012, previously £128.73 from 12 April 2011) or (if lower) 90% of the employee's normal weekly earnings, and is payable for up to 39 weeks. To qualify for MA, employees must:

Social Security Benefits Up-rating Order 2012,

• •have become pregnant and reached, or been confined before reaching, the commencement of the 11th week before the expected week of confinement
  
• •have been engaged in employment as an employed or self-employed earner for any fraction of the week, in at least 26 of the 66 weeks immediately preceding her expected week of confinement
  
• •have average weekly earnings which are not less than the maternity allowance threshold for the relevant tax year (currently £30)
  
• •not be entitled to statutory maternity pay for the same week in respect of the same pregnancy
  

Che

 

As said above, if you do not qualify for SMP, you will certainly qualify for Maternity Allowance, which is a benefit paid by the JobCentre etc. MA pays exactly the same weekly rate as SMP, the only difference is that you don't get the initial 6 weeks at 90% pay, you go straight onto the weekly rate.