Redundancy and SMP

I think my situation is probably fairly unique but would like to hear if anyone else has been in the same situation or at least a similiar one.

On 27th Feb the company I worked for went into liquidation and 100 staff were made redundant and the company closed. There were some elements of the business however that were still profitable and 2 of the senior directors bought this part and 25 staff (including me) were re-employed but due to legal matters its been given a new name, registration number etc. In practice my job role is the same, I am still working at the same premises, with the same people, many of the same customers and even some of the same bosses but I have on paper started a new job in a new company.

I was 19 + 2 weeks when this happened (im now 23 + 2) and in theory because I was made redundant and have started a new job during my pregnancy I am no longer entitled to SMP. The HR lady is currently investigating for me where I stand with regards SMP as of course whilst I should still get MA I will not be entitled to the 90% salary for 6 weeks (for me this would be a difference of about 1k!). Im fully prepared to lose out on SMP and go straight onto MA but I was wondering if anyone had any idea what my chances are - maybe you are in H.R, in Law or have just had something similar happen to you.

Any words of wisdom will be helpful!

xx

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  • Hi

    Did you have a break in your employment and did you actually receive redundancy pay? If so it could be said that there was a break in your continuity of employment, which is what you are talking about. However, if there was no such break you could argue that your continuity should be preserved and that you should still be entitled to SMP.

    As an example, if one business gets bought by another business and the employees transfer over to the new business their continuity of service is protected regardless of the fact that they work for someone entirely different.

    I think it could potentially hinge on whether you had a break in service. Speak to your HR lady about continuity of service!

    Hope this makes sense.

    C.x
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