Fixed term contract & maternity leave

[newbie1984]

Hi

Looking for some advice or is anyone in a similar situation?

I have been employed at my company on a series of fixed term contracts since 4 April 2010. My current contract is due to expire 24 August 2012 and I have just discovered I'm preg (due dec 2012) now I know without this my company would keep me on. Am I entitled to maternity leave based on my current circumstances? If the company opted not to keep me on account of being preg I assume this would count as unfair disnissal?

Any guidance appreciated

 

[Calli]

Hi there. I can help with this one as its just happened to me!

I was also on fixed term contracts, with my latest one finished end March (I'm due in June). My HR manager looked into it and I'm entitled to SMP because I've worked for x amount of months for the same company with no break. However, to create less hassle (for them, I think) they've not renewed my contract and are paying me maternity as a lump sum in my next pay. Therefore, no more ongoing contract. Until June I'm working freelance for them at home and invoicing them by the hour! I'd prefer to be in the office, as its easier to work but i'm just pleased at the moment that i've got the SMP. I've no idea if they'll re-employ me after LO arrives. I guess they don't have to but I'm keeping my fingers crossed! Am freelancing until LO is here to try and keep the contact with work and to show that I'm serious about wanting to continue working in the long term.

So, according to what's happened with me I'd think that you would be entitled to maternity pay as well. My HR manager rang HMRC to check everything out and said they have a legal obligation to pay it as I've worked there long enough without a break. It doesn't matter that it's contract work! And believe me... If they didn't have to pay me I'm pretty sure they'd try not to!

Hope this helps?


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[Calli]

If your company didn't renew your contract I don't think it would be unfair dismissal though. Fixed term gives them the option not to renew and I think it's at their discretion as to whether they continue the contract. But you are legally entitled to SMP.


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[newbie1984]

thank you for your guidance. I understood that i would only be entitled to SMP if i am employed by the 15 week before EWC... which in my case based on my current contract i fall short by 1 week.

I guess the only thing i can do to make sure is keep on nagging them to convert me to permanent over the next few weeks.

 

[AugustMum]

You will be entitled to maternity allowance if they don't renew your contract. It's not a lot but it's something

 

[newbie1984]

I looked into this with my dad tonight (when i told him about my pregnancy lol) and we don't think i will be entitled. HOWEVER, the mat leave at my work is particullary shocking, 6 weeks at 90% of pay, and the rest at statutory, so actually its only potentially £4000 which im losing out on, which in the grand scheme of things isn't too bad.

Im pretty confident I could pick up another job doing what I do when im ready to go back to work, and I have really good relationships with my employer so i dont think they would make it difficult.

 

[Daydreaming]

The Mat Leave that you describe at your work is SMP, so same what everyone else is entitled to: 6 weeks 90% and rest normal. Is nothing amazing, but £4000 can do a lot

 

[K80]

Newbie- I work for a charitable organisation on a fixed term contract (but it lasts until a year after baby is born) As we are a charity I only get 6 weeks 90% pay then SMP for the rest of the time. Its crap but at least i have a job to come back to for a few months.