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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45375
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have a question with regards ***** ***** and Maternity,

Resolved Question:

I have a question with regards ***** ***** and Maternity, it is a little complicated. I was made redundant during my maternity leave this year. I signed an agreement and was given a redundancy package (barely over legal minimum). The agreement stated that I finished employment with them May 31st. However my SMP continued until September, so they continued to pay my SMP each month until now. I have just asked for a P45 as none was issued in May and I have now got it with a September date on. My question really is when did I actually legally finish employment with them? I need to tell HMRC, benefits claims etc. Is it May as per the agreement or September as per my P45? And if it is September, shouldn't I be entitled to my holiday pay, pension entitlements etc up until that date?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Were you told thy you were being paid in lieu of notice?
Customer:

Hi, yes I had stat redundancy payment plus pay in lieu of notice pay

Customer:

they also gave me an extra 2 weeks pay, but I had worked days during my maternity leave which came to about that

Ben Jones :

your employment would have terminated when you were given notice of redundancy. As you were paid in lieu of notice your employment would have terminated immediately when you were issued with that notice. Had you not been paid in lieu your employment would have terminated at the end of the notice period, but not in your case

Ben Jones :

They would have continued paying you SMP after that date but that does not affect your length of employment

Customer:

Ok thank you, ***** ***** date on the P45 being different from the contract date mean anything? I am thinking in terms of informing for my tax credits etc?

Ben Jones :

you need to get hold of the Revenue to query that ith them and get it amended if necessary as they should match

Customer:

Yes I though that it should match, which is why I had the question, thanks for your help

Ben Jones :

you are welcome

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45375
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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