What happens if you are made redundant on maternity leave?

What happens if you are made redundant on maternity leave?

What happens if you are made redundant on maternity leave?

If I am made redundant while on maternity leave, what happens to my occupational maternity pay? Your occupational maternity pay will end when your contract ends as it is a benefit provided by your employer. However, you are entitled to continue to receive the rest of your Statutory Maternity Pay for 39 weeks.

Is it illegal to be made redundant on maternity leave?

Selecting a woman for redundancy because of her pregnancy, maternity leave or a related reason is automatically unfair dismissal as well as being unlawful discrimination. ... A woman made redundant while on maternity leave must be offered any suitable alternative vacancy if you have one. She doesn't need to apply for it.

Who pays maternity pay if made redundant?

If your employer deliberately selects you for redundancy in order to avoid paying you SMP and you would have qualified if they had not done this, your employer automatically becomes liable to pay it. You must apply to your local HM Revenue and Customs office within six months of the first day on which your SMP was due.

Does unpaid maternity leave count as service for redundancy?

If an employee takes unpaid parental leave, it does not break the period of continuous service, but it does not count towards the length of continuous service.

Can you get laid off after maternity leave?

Termination of employment No employer may terminate the employment of, or lay off an employee when the employee is entitled to or has started maternity or parental leave unless the employer suspends or discontinues the business. In this case, employees can be terminated or laid off.

What is the qualifying week for maternity pay?

The qualifying week is the 15th week before the week your baby is due. This period may vary depending on how often you are paid – weekly, monthly or other intervals. For working out SMP purposes, 'pay' means gross pay that is due to you before any deductions.

Is SMP going up April 2020?

These rates are subject to review each year and the government intend to implement these increases in April 2020. The rate for statutory maternity pay is set to increase on 5 April, in line with the first Sunday of the month.

How do I survive on statutory maternity pay?

Here are my tips on how to survive the salary drop whilst on maternity.

  1. Use as Little Paid Holiday as Possible. Whilst pregnant and still at work, try to take as little holiday as possible. ...
  2. Tax Drop. ...
  3. Tax Free Childcare. ...
  4. KIT Days. ...
  5. Expenses. ...
  6. Budget, Hard. ...
  7. Sell Sell Sell. ...
  8. Make Money on Old Items.

How long do you have to be back at work to get maternity pay again?

26 weeks You're still employed while you're on maternity leave or getting statutory maternity pay. This means you can get statutory maternity pay again if you meet the normal conditions: work for your employer for 26 weeks up to the 15th week before your baby is due - the 26 weeks includes time when you're on maternity leave.

How to handle redundancy for pregnant employees on maternity leave?

Advice for employers on the redundancy process for employees who are pregnant or on maternity leave. Good practice advice for employers on correctly handling the redundancy process if they have employees who are pregnant or on maternity leave. It has been developed in partnership between Acas and the Equality and Human Rights Commission.

How is redundancy pay calculated if you are not in work?

Your employer must count leave as continuous employment for redundancy pay purposes even though you were not in work. If you are on family-related leave, your redundancy pay should be calculated based on your pay before your statutory leave period started.

Do you get full pay if you are on maternity leave?

If you’re on maternity leave. You’re entitled to your normal full pay for the whole of your statutory notice if you’re made redundant on maternity leave. This could be more than your maternity pay. Your employer can reduce your notice pay by the amount of any statutory maternity pay you’re also getting.

What's the difference between a dismissal and a redundancy?

A redundancy is a dismissal. We have more general information on dismissal in maternity leave and redundancy. We also have advice on what to do if you are under threat of redundancy. Is it a genuine redundancy situation? Is it a fair selection? Did my employer follow a fair process? Am I entitled to a redundancy payment?

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