Made redundant on maternity leave?

Question

I have just been made redundant whilst on maternity leave. The firm are paying my smp at the end of the month in one lump sum. Where do I stand re returning to work. If I go back early would I have to pay back some smp to the firm or government?

Also will I be overpaying NI and tax and therefore be able to claim this back?

Many thanks for any help.

Answer 1

i'm not sure on this one but maybe book an appointment at your local citezens advice office and they'll be more likely 2 help you..!

Answer 2

Good question! (I presume you're in the UK? You'd better make that clear otherwise you might get a lot of confused Americans trying to answer this!) I can't give you a definite answer, as I got MA not SMP - I was working on a temporary contract which finished coinciding with my maternity allowance beginning, but because I had worked with them for a certain amount of time I was entitled to the full 9 months maternity allowance. However, had I gone back to work in this time my maternity allowance would have stopped. With regards to SMP, it could be a different story, ooh sorry this is boggling my brain I thought I'd be able to work out the answer when I began! I think your best bet is to ring the Department of Work and Pensions at your local office (you can find that using the local office search on this page - http://www.dwp.gov.uk/contact/ ) - they should be able to provide you with all the answers you need! Sorry I couldn't be of any more help!

Answer 3

Statutory maternity pay is paid by the gov't. I'm not sure the company can pay you the whole lot in advance - statutory maternity pay isn't their money to pay you. You'd have to claim it via the job centre I would think and then just find another job when you're ready to return to work.

Answer 4

You haven't mentioned what jurisdiction you are in but your words suggest that you are British.

Answer 5

I think your best bet is to visit your local CAB. Were you by any chance offered another vacancy? If they do have a vacancy similar to your job role, you should have been offered it. Also you can take them to a tribunal, if you think they're being unfair. Their grounds for redundancy should have been written to you in a letter. After being made redundant, your maternity leave will end, yet you will still be paid SMP. I don't know how your firm would pay you the SMP, being that it's a government benefit. I would have thought it not possible to pay in one sum, but as you will no longer be on maternity leave, maybe that's how it's done. I don't think you have to pay anything back, should you get a job sooner than expected. Also, how long have you worked there? If over 2 years, you're entitled to redundancy pay. If so, it'll depend on your age. Good luck x