SPM20215 - Statutory Maternity Pay (SMP) - Who is covered by the SMP Scheme

Conditions for entitlement to SMP - EWC before 6 April 2003

If a woman ceases work for reasons wholly unconnected with her pregnancy the reasons why should be carefully checked. The employer should not have assumed that she left because of her pregnancy. For example:

• she may have volunteered to take advantage of a redundancy package
• she might resign her job to take up one elsewhere, (it could be a job with lighter duties)

She therefore left her first employment because of her pregnancy and SMP would be payable by the first employer if the employment and earnings test were satisfied.

Do not assume that she left for reasons unconnected with her pregnancy just because she had not yet given notice - she could still have time to do so.

Regulations restored the SMP entitlement to certain women whose employment terminated during or after the QW without their consent, which means they were dismissed or made redundant. For the purpose of these regulations “dismissal” has the same meaning as Part X of the Employment Rights Act (ERA) 1996 (See the HSMO website).