SPM250200 - Continuous employment: dismissed before QW

HMRC Officers should not become involved in disputes concerning 바카라 사이트˜unfair dismissal바카라 사이트™ as this is covered by employment legislation. If a woman is dismissed before the QW, whether or not it could be regarded as 바카라 사이트˜unfair dismissal바카라 사이트™, she will not be entitled to SMP. She must claim MA instead.

If the employment tribunal subsequently find that the dismissal was unfair they will award the employee compensation which will include any lost SMP.

An employee바카라 사이트™s dismissal may be regarded as 바카라 사이트˜fair바카라 사이트™ if no suitable alternative vacancy is available and their employment ends before the QW because:

  • their pregnancy makes it impossible to do the job properly, or
  • it would be against the law to do that particular job while pregnant.

The continuous employment rule is satisfied if, at the time of their dismissal:

  • the woman was employed by the same employer for at least eight weeks
  • the dismissal can be treated as 바카라 사이트˜fair바카라 사이트™
  • but for the dismissal they would have been employed into the QW
  • they would have completed 26 weeks바카라 사이트™ continuous employment into the QW.