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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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Experience:  Qualified Employment Solicitor
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To whom it may concern, I am 32 weeks pregnant and I have

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To whom it may concern,I am 32 weeks pregnant and I have been working for my current employer since the 6th of November 2017. I have been made redundant yesterday on the 10th of May.
I am starting my maternity leave on the 15th of May and I've just got the redundancy letter from my employer saying this:'Your employment will terminate by the reason of redundancy on 10th June 2018. You will receive your benefits up to that date in a normal way. As you have taken more holiday than your pro-rated entitlement for the holiday year to the date of termination then the Company will deduct from your final salary payment any holidays taken but not earned'.According to my contract, I'm entitled to have 28 days holiday: 20 + 8 bank holidays. I've used 12 days holiday so far. My questions are:1) Am I entitled to get paid for the 8 days holiday I have left and does pro-rata apply to pregnant women?2) My employer isn't sure if I should be paid 1 month notice (as stated in my contract of employement), so I would like your confirmation if I am entitled to it.
My director believes I shouldn't be getting 1 month salary notice paid because my maternity leave starts on the 15th of May and I will not be working in the office from that date.
Also, my redundancy letter doesn't mention anything about 1 month paid notice.It would be great if you could write all the answers in one letter instead of the live chat.Thank you.Kind regards,
Sanya Cronin

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

When does your holiday year run from/to?

Customer: replied 10 days ago.
My holiday year runs from 1.1.2018 - 31.12.2018

Thank you. By the time you leave your job on 10 June, you would have accrued 12.4 days’ leave. If you have only taken 12 days up until that date, then you would be owed 0.4 days’ leave.

As to notice pay, there is an obscure part of the law which will likely prevent you from getting full pay during that time. Under s.87(4) of the Employment Rights Act 1996, the employer's liability to pay the employee in full for the statutory notice period does not apply if the employee's contract requires the employer to give at least one week more than the statutory minimum notice (1 week) to terminate the contract.

Therefore, where an employee is under notice while on maternity leave and she would be contractually entitled to at least one week more notice than the statutory minimum (1 week in your case) from her employer, she will be entitled only to maternity pay during her notice period.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Customer: replied 10 days ago.
Thank you for your reply. So it means even my maternity leave starts on the 15th of May and I've been made redundant on the 10th of May (5 days before my maternity leave) not entitled to any paid notice?
Customer: replied 10 days ago.
I am not entitled to any paid notice

you said 10 June?

In the letter from the employer?

Customer: replied 10 days ago.
I've been made redundant on the 10th of May
- My maternity starts on the 15th of May
- My redundancy letter states that my one month redundancy notice start on the 10th of May and ends on the 10th of JuneI hope this is clearer nowThanks

Ok, so if they are letting your notice run its course and not paying you in lieu of notice, then your employment will terminate on 10 June – that is the official date of termination. So the answer to the holiday question remains the same.

As to the notice pay, it is also largely the same, but you are entitled to full, normal pay for the 5 days up to the start of your maternity leave and then from the 15th onward it will just be maternity pay.

Hope this clarifies?

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 10 days ago.
Thank you very muxh for your answer.

you are most welcome