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PAYING SMP AFTER TERMINATION

IS THERE GUIDENCE ON PAYING SMP AFTER TERMINATION

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AN EMPLOYEE HAS BEEN MADE REDUNDANT A MONTH AND A HALF BEFORE THIER DUE DATE AS PER MATB1.

THE COMPANY WANTS TO STILL PAY SMP AFTER TERMINATION

IS THERE GUIDENCE AS TO WHEN THE SMP MUST START OR IS IT ADVISORY AND CAN START WITH DUE DATE AS PER MATB1?

Replies (6)

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RLI
By lionofludesch
18th Mar 2021 18:29

The Caps Lock key is next to the A on the keyboard.

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RLI
By lionofludesch
18th Mar 2021 18:30

It depends on the precise dates but it is likely that you must (as opposed to may) pay the SMP.

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Psycho
By Wilson Philips
18th Mar 2021 18:35

Can you repeat that, please. I didn’t hear you the first time.

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A Putey FACA
By Arthur Putey
18th Mar 2021 19:25

AND PERHAPS GIVEN THE CONTEXT CONSIDER USING A DIFFERENT WORD AFTER "AFTER"

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avatar
By kestrepo
19th Mar 2021 13:01

I think that the employee will not be entitled to SMP if they were made redundant and the employment ended before the Qualifying Week - this is the 15th week before the baby is due. If they are not entitled to SMP then the employer will not be able to claim it back! In this situation the employee may be able to claim Maternity Allowance though. If it is a redundancy situation that has happened after the Qualifying Week the company will be able to pay the employee and claim the SMP back. The employee should be paid SMP as they usually would but would not have a job to return to when the SMP period ends.

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Replying to kestrepo:
RLI
By lionofludesch
19th Mar 2021 13:21

kestrepo wrote:

I think that the employee will not be entitled to SMP if they were made redundant and the employment ended before the Qualifying Week - this is the 15th week before the baby is due.

Whilst I don't disagree, the OP says a month and a half which is a lot less than 15 weeks.

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