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date for qualifying for statutory maternity pay?

4 replies

Spicky · 04/03/2008 09:40

Hi there,

I hope someone could help me with this. I'll be made redundant in my 27th week of pregnancy due to a management buy out. My company is now telling me that I don't qualify for SMP because my qualifying week is the 11th week before the EWC, not the 15th week you normally hear about. I contacted HMRC and they say its the 15th week, but still the employment lawyer of my company insists on it being the 11th week. He says the 15th week is only important to establish the amount due, not whether you actually get SMP, that's decided on whether I'm still employed in the 11th week. I would be grateful for any advise on this!!!!

TIA,
Spicky

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flowerybeanbag · 04/03/2008 09:51

Spicky it's the 15th week before. 11th week before is the earliest you can start receiving it. See here, a link you can show if necessary. If you leave between 15th week before and 11th week before you'll just have a gap before you start getting SMP, but presumably you hvae some redundancy money anyway to fill the gap.

I am that your company is being advised by an employment lawyer any different!

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Spicky · 04/03/2008 22:47

Thank you flowerybeanbag!! I'll pass this link on to our HR person and see what happens...

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somersetmum · 04/03/2008 22:54

Employment lawyer should be sacked - he's going to get them in to really deep trouble if he's responsible for mass redundancies!

15th week is correct. They can either pay you on your normal pay days, as if you were still there, or they can pay the whole lot upfront as a lump sum - but this is their choice.

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Spicky · 26/03/2008 10:22

To cut a long story short, the company finally decided to pay me the maternity pay as a lump sum even though the law is not as clear cut as one would expect. I'm grateful to the independent lawyer that the company had to provide for the people that were made redundant, because he really fought for me. Apparently two similar cases went before court and in one case the pay was awarded and in the other not (not familiar with the details). So I'm really thankful for the company to give me the money!