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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 70335
Experience:  Qualified Employment Solicitor
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My position was put at risk of redundancy at the end of

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Good morningMy position was put at risk of redundancy at the end of August and I was offered to apply for an alternative role. I am currently 24 weeks pregnant and I had the interview for the new role yesterday and was successful. However I am concerned that the wording in my offer letter could mean I miss out on maternity pay if my trial period is terminated. The wording in the letter saysYour new post would commence on Tuesday 15th September when your current role would come to an end. As the new job is different from your old job, you will, if you accept be entitled to a statutory trial period of four weeks. If either you or the organisation finds during this time that the job is unsuitable for you, you will be treated as being dismissed by reason of redundancy on the date your original job came to an end.Therefore I think they are saying the termination date would be backdated to Tuesday 15th September and I wouldn't have reached 25 weeks pregnant so wouldn't be entitled to my maternity payMany thanks,Joanna

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Hi there. Can I just check, how long have you worked for your employer, all in all?

Customer: replied 10 days ago.
Hi Ben, I have worked for the company for 6 years

OK thank you for providing this information Joanna. Please do not worry and leave it with me for now; I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. Can I just check if you are asking about Statutory Maternity Pay or company maternity pay?

Customer: replied 10 days ago.
Statutory maternity pay

Thank you. To be eligible for SMP you need to be on the employer’s payroll in the 15th week before the expected week of childbirth which is around week 25 of pregnancy.

Even though the dismissal may be backdated to the date when the previous contract came to an end, assuming you have still been employed by the employer for that 4 eek trial period and on their payroll, you can still argue that you meet the criteria for SMP.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 10 days ago.
great - thank you very much for your advice on this

You are most welcome and all the best