Posted: Tue Apr 05, 2011 4:31 pm
Post subject: Being made redundant and coming to the end of my SMP
I am really confused at the minute and am wondering if anyone can help. I am due to return to work at the end of the month having been off on maternity for six months. Although I was entitled to 39weeks SMP, I chose to only take six months off, but was told I could change this whilst on maternity.
I found out today that I am being made redundant at the end of the month, and was due to return to work the week bfore. When I spoke to my HR manager today and asked if I could extend my maternity and take off the full nine months (therefore an extra 13 weeks), he said no, becuase I hadn't informed them eight weeks prior. I explained that according to my maternity contract, it only says I need to give eight weeks notice if I'm coming back earlier, but he wouldn't listen.
Also, I won't qualify for redundancy unless I take the further three months maternity as I have only been at the company for 22 months - so not sure if this is the reason why they are being awkward.
I spoke to third party a union rep today and he said they can't deny me my full maternity - is this right?? I am totally confused and worried what will happen.
Posted: Wed Apr 06, 2011 6:31 pm
My understanding hon is if you decide to take the full year then you do not have to give written notice as taking a full year should be automatically assumed by your boss/HR/company.
Therefore if you decide to come back before the end of the year (so in your case you now have said 9 months), then you have to give 8 weeks notice working back from the 9 months.
From what you have said, if you are only coming up to 6 months off then you are well within your your notice period so you can give them 8 weeks notice, letting them know the date of your return.
In regards to them making you redundant but still wanting to take 9 months off, I'm not sure of the legalities. I'm sure you are entitled to that full 39 weeks SMP.
All the best as I think your HR manager is wrong and sounds like he is being difficult and will continue to try and bully you.