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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47418
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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there, my partner is pregnant and it's her last day tomorrow

Resolved Question:

Hi there, my partner is pregnant and it's her last day tomorrow before she starts maternity leave. She has been with her company 16 months and had a probation meeting today, there is a chance her employment may be terminated tomorrow on the grounds of failing to meet the expectations of the role.
There is a lot to it and I believe she had been discriminated against, however what I wish to know is should her contract be terminated tomorrow what does her employer owe her in regards ***** ***** pay? Are they still required to pay the 90% for 6 weeks and then standard maternity pay for the remaining period.
Many Thanks
Richard
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. Does she get any company maternity pay or is she just entitled to the minimum statutory maternity pay allowance?

Customer: Minimum stat, so 90% for 6 weeks of her usual take home pay then that drops to £138 per week. Thanks
Ben Jones :

Hello, her entitlement to SMP does not depend on whether she is still employed by the employer at the time it becomes due, rather it is dependent on her meeting a specified set of criteria. You can find these here:

https://www.gov.uk/maternity-pay-leave/eligibility

The main factor is that she must have been employed by her employer for at least 26 weeks by the 15th week before the expected week of childbirth. So as long as she was employed by the employer in that week and had 26 weeks service at that point, together with meeting the remaining criteria, she would be entitled to receive SMP even if she no longer works for that employer when SMP becomes payable.

I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you

Customer: That's fantastic, thank you for providing clarification.
Ben Jones :

you are welcome, all the best

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