How do I claim SMP if made redundant?

In order to claim SMP you must give your employer 28 days’ notice of the date you want to start your pay. You must also give your employer a copy of your Maternity Certificate (MATB1) stating your expected week of childbirth which your midwife or GP will give you when you are about 20 weeks pregnant.

Can you get maternity pay and redundancy pay?

You can’t be made redundant because you’re pregnant or on maternity leave. If you are on maternity or parental leave, and there is a genuine reason to make your role redundant, your employer must offer you suitable alternative work if they have it. They should give you this as a priority over other employees.

Will I still get maternity pay if I take voluntary redundancy?

Voluntary redundancy while on maternity leave still pays statutory redundancy pay. However, if you end their maternity leave due to voluntary redundancy, you need to pay both a redundancy and maternity pay lump sum. This is because they can qualify for statutory maternity pay.

Will I still get maternity pay if my work closes?

Once a company has been declared insolvent, HMRC will cover the statutory maternity pay for the full term. However, until the week of the insolvency itself, all maternity payments should be paid by your employer.

Do you get SMP on top of company maternity pay?

You only ever have to repay any maternity pay that is on top of your SMP – never the SMP part of your maternity pay. SMP is 90% of your wages for 6 weeks and £151.97 per week for 33 weeks and is yours to keep regardless of whether you go back to work.

Are you protected from redundancy when pregnant?

You cannot be selected for redundancy because you are pregnant, or for factors related to your pregnancy. For instance, time off because of pregnancy or your impending maternity leave must not be taken into account. The redundancy must still also be genuine. See our page on Redundancy.

Is voluntary redundancy a genuine redundancy?

Voluntary redundancy is when you allow employees to choose to resign, generally in return for a financial incentive. Compulsory or genuine redundancy is when the business no longer needs anyone to do a particular job for operational reasons or the business is insolvent or bankrupt.

Can you be made redundant after returning from maternity leave?

Can my employer make me redundant when I return to work from maternity leave? Yes, provided that: There is a genuine redundancy situation, which is not caused by the fact you have been on maternity leave.

Who is entitled to SMP?

Statutory Maternity Pay ( SMP ) To qualify for SMP you must: earn on average at least £120 a week. give the correct notice and proof you’re pregnant. have worked for your employer continuously for at least 26 weeks continuing into the ‘qualifying week’ – the 15th week before the expected week of childbirth.

How much is SMP a month?

For the first six weeks, SMP is paid at 90% of your normal earnings in the reference period. For the next 33 weeks, it is paid at the same 90% of your normal earnings or the flat rate, whichever is lower. Linda is paid monthly on the 26th of each month.

Does redundancy pay attract super?

A number of payments commonly made on termination will not constitute ordinary time earnings and therefore will not require the payment of superannuation. Such payments include, for example, payments for redundancy and the payment of accrued annual leave, long service leave and sick leave.

Can You claim SMP and redundancy pay?

Provided a fair procedure has been followed in relation to the redundancy and you have not been selected due to going on maternity leave (which would give you claims for unfair dismissal and sex discrimination) then the following advice applies. You would receive four weeks statutory redundancy pay plus your statutory maternity pay (SMP).

When do you recalculate SMP for maternity leave?

If the employee is eligible for a pay rise between the start of the relevant eight week period and the end of her statutory maternity leave (SML), the SMP must be recalculated as if the pay rise had taken place at the beginning of the relevant period.

Do you get redundancy pay plus maternity pay?

You would receive four weeks statutory redundancy pay plus your statutory maternity pay (SMP). You may also be entitled to your full notice pay at your normal rate of pay.

When do you stop paying SMP to an employee?

If your employee has qualified for SMP from you, you are still liable to continue to pay SMP to her where she leaves your employment for whatever reason, including redundancy. However, if after the baby is born your employee or ex-employee starts work for another employer who did not employ her in the QW, SMP should stop.