My wife being made redundant the day she can go on maternity leave

[iggy11]

Hi

My wife is being made redundant 31st Dec. She is there 3 years and they have offered her a small redundancy package. She is the only person in the company being let go as her job is gonna be done from UK)

She is pregnant and is entitled to go on maternity leave the day she is being let go.

Would she be entitled to the company maternity contribution ( which they pay normally)?

Thanks in advance

 

[Samantha]

No since she will not be an employee of the company.

 

[DB74]

No since she will not be an employee of the company.

Not sure if that is the case actually.

I'm no expert in this area at all but my limited understanding is that Maternity leave is protected employment status, ie - she is still be considered as employed by the company during her maternity leave.

If her contract states that she should be paid for her Maternity Leave then this should still hold up in court. Also, as any redundancy payment is based on length of service, the 6 months of maternity leave should be included in that length of service.

Perhaps someone else could clarify the situation