Does a pregnant employee lose her entitlement to Statutory Maternity Pay if she is made redundant before she goes on maternity leave? What happens if the business has become insolvent? What happens if the employee was entitled to a contractual enhanced maternity payment?

Posted in : First Tuesday Q&A NI on 7 August 2012
Emma-Jane Flannery
Arthur Cox

If a woman has qualified for SMP from you then you are still liable to continue to pay SMP to her where she leaves your employ for whatever reason including redundancy. However if, after the baby is born, your employee or ex-employee starts work for another employer who did not employ her in the 15th week before her expected week of childbirth, payment may stop.

If you become insolvent after the start of the 15th week before the expected week of childbirth and before the start of your employee’s pay period, HM Revenue & Customs (HMRC) will pay your employee’s SMP. If you become insolvent

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Back to Q&A's This article is correct at 02/09/2015
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The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Emma-Jane Flannery
Arthur Cox

The main content of this article was provided by Emma-Jane Flannery. Contact telephone number is 028 9023 0007 or email Emma-Jane.Flannery@arthurcox.com

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