Labour Research July 2007

Law Queries

Redundancy and pregnancy

Q: Two of our members are pregnant and under threat of redundancy; the firm may even go into administration. If they are made redundant, will they still get their Statutory Maternity Pay?

A: If a pregnant employee is made redundant either before the start of or during her maternity leave, Statutory Maternity Pay (SMP) becomes payable as a lump sum by her employer (assuming that she meets the qualifying conditions for SMP in the first place).

A pregnant employee who is made redundant while on maternity leave must be offered suitable alternative employment if it is available.

If the employer becomes insolvent, HM Customs and Revenue (HMRC) will pay SMP; the employee should contact her local HMRC office.