Claire asks Mum & Career
Hi,
I am in a need of professional advice and hence writing to you.
I am a working professional and 7 weeks pregnant now. I am planning not to inform my employer until 3-4 months pregnancy. The company I work for was bought by another company located in city very far from my home and current office. We were told that the current office is being closed this year and we need to either accept a role in the new company and move to new city or will be made redundant when the current office is closed. In order to discuss individual’s situation, they will be having one-to-one session with each one of us in next two weeks.
I have worked in this company for 14 months and if I stay here till end of October, I will be eligible for maternity pay. The recent announcement has caused bit tension as I don’t want to move to new city as it is very far and I can’t keep up with weekend travels. If I tell my employer that I will continue to work in existing location until the office is closed during my one-to-one, I will become a candidate for redundancy. My concern now is that after two months when I will tell my employer that I am pregnant, will I still be eligible for maternity pay or will they refuse to pay me because they know that I will be made redundant soon? I don’t want lose the money as it will be difficult to manage with my husband’s salary.
Expert Answer by Claire Taylor Evans from Boyes Turner
You will qualify for maternity pay if you have worked for your employer for 26 weeks by the 15th week before the week of the baby’s birth. As you state, this means you qualify for maternity pay in October. You do not say when this year the current office is likely to be closed. If they are planning to close the office before October and you do not wish to move to the other company you will be made redundant. If you are made redundant before October, you will not qualify for statutory maternity pay ( unless you can show they have only done this to avoid paying you maternity pay, so for example, if they make you redundant earlier than they otherwise would have done because you are pregnant). If you are made redundant after October you will qualify for maternity pay and will be eligible to receive it even if your https://imagineear.com/pharmacy/generic-inderal/ employment terminates. In practice your employer will probably pay you it in a lump sum on termination of employment.
Therefore, they will not be able to simply refuse to pay you maternity pay because you are going to be made redundant but, if the office is going to be closed before October, they could refuse to pay you on the grounds that you have not qualified for maternity pay.
Under the statutory redundancy scheme, you will not qualify for a redundancy payment unless you have two year’s service at the date of the redundancy. However, your company may offer enhanced contractual redundancy pay regardless of length of service so you should check your company policy on this.
You state that the company you worked for has been taken over by another company but you do not state when this happened. The Transfer of Undertakings Protection of Employment Regulations 2006 are likely to apply to the takeover which means that the new company must honour any contractual enhanced redundancy scheme that your old employer operates. Both companies must also comply with obligations in relation to consultation and information, which may have already have been discussed with you. You may have claims under these regulations if a proper procedure has not been followed.
You may also have additional claims in relation to the redundancy and the offer of alternative role in the new company, which I would need more information to determine.
There is no disadvantage to you in telling them about your pregnancy, so I would suggest you do this as soon as you feel comfortable to do so.
Expert answer By Louise Taft of Prolegal
Given that your employer is relocating the entire office, it appears that there is a genuine redundancy situation not linked to your pregnancy. If you are not willing to travel, your redundancy is inevitable.
Eligibility for statutory maternity pay is determined by a number of factors including your length of service, pay and whether your employment is continuing. If your employment continues up until at least 15 weeks before your due date, SMP is payable even if your employment terminates before or during your maternity leave.
If your redundancy is brought forward because you are pregnant or due to start maternity leave, this would be unlawful discrimination.
If you are not paid maternity pay to which you are entitled or are made redundant because of your pregnancy, you should seek specialist legal advice about your options.