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Old Feb 2nd, 2011, 14:43 PM   1
MADLYSBOYS
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Redundancy at 30wks pregnant :( Please help!


Hi Ladies

Well today has been the bummer of all days where work is concerned

I have been told I face possible redundancy in four weeks time and I am currently been subject to a two week `consultation` period in which I can provide my work place with ways in which my job can be saved Quite frankly this is just them going through the motions and for several reasons which I wont bore you Ladies with I am in no doubt that I am going to be told at the end of this two week `consultation` that on the 2nd of March my contract will end. I have decided not to contest because basically this is where it gets complicated I am due to start my maternity leave on the 26th Februaury so in three wks (one week after they tell me the decision and one week before my contract will end iykwim). I told my boss I was aware I am entitled to my SMP pay from them (they werent subsidisiing this anyway!) because I am over 25wks pregnancy and qualify so they must pay me this. He went away and came back saying that `yes` this is right and that they will probably pay me my full SMP entitlement (6 wks at 90% and then 33 wks at 124.00ish) in one lump sum ie in my last wage with them as part of my severance pay. I said that it is imperative that he tells me where I stand financially asap and to confirm what they will be paying me regards SMP etc. He has agreed to find out and inform me tomorrow. He has however said that I wont lose out because my maternity pay is part of my redundancy severance pay and therefore I am still entitled to my maternity pay from the government ie I can claim SMP/MA from them however I dont see how this can be possible and although I have looked at direct gov and acas website I am struggling to find any useful information because at the point of been told I will be made redundant I will be one week away from going on maternity leave and therefore am not actually on maternity leave so the normal rules for entitlement do not apply. I think they have been very crafty with this aspect however that said am sat here worrying and wondering were this leave me financially

Please Ladies can anyone help AT ALL



 
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Old Feb 2nd, 2011, 14:56 PM   2
PeanutBean
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Madly you can't be entitled to both smp and ma. Your entitlement is to smp with your employer because of the period you have worked with them. I think what needs clarifying is what the severance pay is excluding smp. It sounds like they might be trying to pay you less. I'm not sure if they are allowed to give you smp in one go or not. I know some people agree with their employer to have their pay spread over the year but this might only apply to occupational pay.

Have you spoken with acas? They are funny about legal advice but this ought to be about standard terms. Have you called your union rep? The union should be able to give you the legal advice you need.



 
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Old Feb 2nd, 2011, 15:00 PM   3
PeanutBean
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Sorry reading some more, the leave bit is irrelevant really. It's the pay that's important and needs clarification. Provided you get full smp plus full severance then financially you should be no differently off to going on normal leave as planned. You wouldn't have to return to the job anyway.

Are others at risk of redundancy? Given the situation with your pregnancy and the grievance I think it's important to rule out discrimination.



 
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Old Feb 2nd, 2011, 15:00 PM   4
gilz82
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Madly hon I don't think they can do that. I'd give the CAB a ring and speak to someone who knows better than me but I'm sure if they are going to give you a redundancy pay out it has to be on top of your smp.

If they are in a position where they are going bankrupt etc and can't afford your smp then you would be entitled to mat allowance from the government. Your employer also can't just decide your redundancy pay equals what your smp would be. You have to be given the same pay out as your colleagues on the same pay grade as you.



 
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Old Feb 2nd, 2011, 15:02 PM   5
Tryingfora4th
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Can you give the maternity allowance people a ring?



 
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Old Feb 2nd, 2011, 15:03 PM   6
PeanutBean
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Yes the terms of your severance pay should be clear eg x months full pay per year worked or whatever. This should be entirely transparent and equal for all employees depending of their service.

Your union will be the avenue of choice for personalised legal clarification and action if necessary.



 
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Old Feb 2nd, 2011, 15:04 PM   7
MADLYSBOYS
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@ Peanut

Hon apart from my SMP and my normal pay from now until mat leave starts on 26th Feb am not apparently entitled to anything else because you have to work for the place for two years or more to be entitledto redundancy pay (I have been there only 18mths) So basically I work for the next three weeks and get pay as normal (or as I expected too!) and the only other thing they may have to pay me is my SMP wether that be over the next 9mths although I no longer work for them or they may pay me as my boss has stipulated in one lump sum. I havent spoke to the union as they were unavailable for this meeting to attend with me today and after the meeting no-one was in the office but I dont think they will tell me anything different to what I already know.

I guess at the end of the day am stuck with attending work for the next three weeks until maternity leave commences and will have to put up with the bad treatment and poor conditions I have so far had to put up with.



 
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Old Feb 2nd, 2011, 15:06 PM   8
molly85
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I am pretty sure SMP is paid on your usual payday as it does not coe fro your company its the 90% and occupational aspects that can be spread out. I a also not sure on the redundency what reasons are they giving? Plus what is your notice period they have to give you that as well. Financially you should eb no worse off than you planned to be so don't panic and they should hopefully give a lump su as your job will not be there for you to return to. I would def try and negotiate that as they are putting you in an unfavourable position in finding a job after your Mat leave as you have to hunt down and get a job.



 
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Old Feb 2nd, 2011, 15:07 PM   9
PeanutBean
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Madly answer my other qs about what's happening with your colleagues. It's important because you could well be being discriminated against.



 
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Old Feb 2nd, 2011, 15:09 PM   10
gilz82
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According to this link http://www.direct.gov.uk/en/Parents/...ghts/DG_175088

If you are made redundant once your mat leave has started they have to pay your mat leave plus any redundancy money you are entitled too. I know you are saying you might not be entitled to any due to the 18 months things but it depends if your company are going to make discretionary payments. If that was the case then you have to get both.



 
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