Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. I will try to find any relevant laws and get back to you.
do you have links to the information you sent the employer?
yes that is the law as I know it, so how long have you worked there for?
And what is your contractual notice period?
The relevant law is section 87(4) of the Employment Rights Act 1996, which states in a roundabout way that if the notice the employer needs to give the employee under contract is at least one week longer than their statutory entitlement, they do not need to pay them the full notice pay and can just pay them what they would normally get at the time they are issued with notice. But if the notice period is the same as their statutory entitlement, or no more than a week longer, then they would be entitled to get paid full pay for the full duration of their notice period, regardless if they are on maternity leave, sick leave, etc. So your statutory entitlement is 10 weeks and your contract is also 10 weeks, which means you can expect to receive full pay for the notice duration. This however can be offset against your maternity pay so you cannot expect both – you will receive your full and normal pay but that would include your SMP.
payment in lieu is not something you can force the employer to do - that is there just in case the employer wants to use it to terminate your employment immediately without having to keep you on for the full duration of the notice period, but that is just an option if they want to use it - you can't force them to pay you in lieu
well this says that the employer can use your maternity pay to meet its liability to pay you full pay during your notice period
so you will not get both
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