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taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6464
Experience:  15 years experience of advising on employment law matters
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Please can you advise. I was recently made aware that

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Hello, please can you advise. I was recently made aware that my job is at risk, likely to be made redundant next year.
1. Will I still qualify for maternity benefits if I didn't notify my employer of the pregnancy before the risk of redundancy was announced?
2. If I move internally to another role, will I still qualify for maternity if it's the same employer?
Hello my name is ***** ***** I am happy to help you today. How long have you worked for your employer and how many weeks pregnant are you?
Customer: replied 2 years ago.

I've worked with my employer a year and a few weeks, will be 2 years by the time I'm made redundant, if I am. About 5 weeks pregnant

Ok thanks congratulations on your pregnancy!
To answer your questions:
1. Yes you will still qualify you will need to produce the MAT B1 by the normal required date.
2. If it is an internal move you will still qualify.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Customer: replied 2 years ago.

Thank you, ***** ***** happens in terms of maternity rights? I.e. company must have a position open for you when you return from maternity leave, will this still apply in either of the two scenarios?

Yes it will still apply in both, in fact it is probably a better situation than you realise because it is the only situation in employment law where an employer must positively discriminate. They must not make you redundant over any other person. If they did you would be able to claim sex discrimination.
Customer: replied 2 years ago.

Thank you, ***** ***** the answers. Just have one more question. I am worried about a miscarriage as I have a history, if it does happen, we will be looking to conceive again straight away, will I still qualify as long as I conceive before the actual redundancy?

yes you would.
All the best for this pregnancy I really hope it works out for you.
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