Being made redundant whilst on maternity leave

I am currently on maternity leave and was due to return to work on the 10th of August. The company I work for are closing and so are making everyone redundant, the consultation period is due to end on the 16th of Feb.

My notice period is 13 weeks and, after making an enquiry with the HR department, I was told that I would get paid the rest of my statutory maternity pay (which will be 25 weeks from 16/02) plus statutory redundancy pay plus my notice pay. I was told that the notice would be paid at the maternity rate of £117 p/w rather than my normal wage )which is quite a bit more). I wasn't too happy with this but didn't think that I could do anything as they must have checked that they can do this.

I have now been told that, as i have more than 13 weeks left of my maternity leave, the notice will be included in this, i.e I will just get paid the remaining 25 weeks at £117 p/w (plus statuory redundancy pay) rather than the 25 weeks plus 13 weeks for my notice. Can my employer do this?? It seems rather unfair that they can get away with this. If they are wrong in doing this what can I do about it? I can't really afford to see a solicitor and with a small baby it is difficult even to get in to work (she is only 6 weeks old and I don't drive!).

Also, it has yet to be confirmed whether my employer will be making my colleagues work their notice, but if they do not have to work they will receive their full notice plus any statutory redundancy pay as a lump sum and will not be taxed. I asked my employers whether I will be taxed on my payment as I obviously cannot work my notice either way and they have said that this is irrelevant as I do not get taxed on maternity pay anyway. I have pointed out that I have been taxed every month so far so they have had to go and check this. Would I have to pay tax? I am not confident that my employers will find out the correct information!

Any advice would be greatly appreciated

Thank you for your message although I am sorry to hear about the closure of your employer whilst you are on maternity leave.

Yes,you are entitled to the rest of your Statutory Maternity Pay. As you have established entitlement to SMP before your employer became closed/became insolvent, you are entitled to continue to receive it.

Your statutory redundancy pay should be calculated using your normal or average week’s pay that you were receiving before your maternity leave period started.

Your redundancy payment should not be calculated by using a week in which you received SMP. If your employer is insolvent you can apply to HRMC for a redundancy payment. You are usually not entitled to be paid redundancy notice pay at the same time as you are receiving Statutory Maternity Pay.

I hope my information is useful.

Please return if you need any further help or to update us with your situation.