I have a client who is making one of his employees redundant whilst on maternity leave. Whilst I understand that we must honour the rest of her maternity pay, do we do the redundancy pay the same day as her last maternity pay date, even though her role is now actually redundant?
My understanding of employment law (being a retail manager for over 10 years) is that they cant do anything to her whilst she's on maternity leave. They have to by law give her the opportunity to return back to work in a similar role to that the one she left in. So with this in mind I would suspect that the redundancy pay would start the day her maternity ends.
The company is slowly shutting down so she has no Job to come back to. That is what I thought it wld happen when maternity leave finishes. Thank you for your advice.
Take a look at this link from the Business Link website, might help. I think you can make an employee redundant whilst on maternity leave, but as Clawz said you have to offer her an alternative vacancy, but if this isn't possible as the company is shutting down then you have no choice, but you must continue to pay her SMP for the 39 weeks....unless she commences work for another employer during that time then I think you stop paying maternity pay.
Good question Don. I would assume that it is from the date that you gave them notice of redundancy or that they are made redundant. During Maternity leave the employee is still employed by the company and continues to benefit from the terms of their contract of employment.
Redundancy pay is calculated on number of years service, age and gross pay.
Pauline
-- Edited by Stardoe on Wednesday 13th of July 2011 09:40:57 PM
